reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VI - Asbestos Licensing and Control › § 8–111.02. Asbestos worker license

§ 8–111.02. Asbestos worker license.
(a) To obtain a license as an asbestos worker, a person shall establish to the satisfaction of the Board of Industrial Trades that the applicant has:
(1) Successfully completed a course of instruction on asbestos abatement that has been approved by the Board;
(2) Provided such additional evidence as the Board or the federal government has determined is necessary for the occupation of asbestos workers; and
(3) Complied with other standards required for licensure by the Non-Health Related Professions and Occupations Licensure Act of 1998.
(b) An asbestos worker license shall expire 2 years from the date of issuance. A license may be renewed for additional 2-year periods if the asbestos worker submits a renewal application with the renewal fee to the Mayor.
(May 1, 1990, D.C. Law 8-116, § 3, 37 DCR 1641; Apr. 20, 1999, D.C. Law 12-261, § 1240, 46 DCR 3142.)
Prior Codifications
1981 Ed., § 6-991.2.
References in Text
“The Non-Health Related Professions and Occupations Licensure Act of 1998,” referenced in (a)(3), is title I of D.C. Law 12-261.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VI - Asbestos Licensing and Control › § 8–111.04. Prohibitions

§ 8–111.04. Prohibitions.
(a) Except as provided in subsection (b) and (c) of this section, no business entity shall engage in the abatement of asbestos or material that contains asbestos without a permit and license that is issued by the Mayor. No person shall undertake or be employed on an asbestos abatement project unless the person is licensed as an asbestos worker by the Mayor.
(b) The Mayor, by rule, may waive the requirements for a license or permit in the case of an emergency that involves asbestos or material that contains asbestos if the emergency poses a threat to the public health or safety of the District.
(c)(1) The asbestos worker license, business entity license and permit, and recordkeeping requirements of this subchapter shall not apply to any removal or other activity involving resilient floor covering materials, including sheet vinyl, resilient tile, and associated adhesives, provided that the business entity or persons performing the removal:
(A) Follow the resilient floor covering manufacturers’ recommended work practices for removal;
(B) Are not required to obtain asbestos accreditation under applicable federal asbestos requirements and regulations promulgated by the United States Environmental Protection Agency; and
(C) For removals involving more than 18 square feet of resilient floor covering material, notify the Mayor in writing at least 10 days prior to the removal of the time, place, and entity performing the removal, and certify that asbestos accreditation is not required under subparagraph (B) of this paragraph.
(2) Any other asbestos requirements promulgated by the Mayor shall treat removals and other activity involving resilient floor covering materials in the same manner as prescribed under applicable federal asbestos requirements, including the National Emission Standard for Hazardous Air Pollutants for Asbestos as promulgated by the United States Environmental Protection Agency.
(May 1, 1990, D.C. Law 8-116, § 5, 37 DCR 1641; Oct. 15, 1993, D.C. Law 10-37, § 2(a), 40 DCR 5817.)
Prior Codifications
1981 Ed., § 6-991.4.
Section References
This section is referenced in § 8-111.09.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VI - Asbestos Licensing and Control › § 8–111.05. Inspection and investigation

§ 8–111.05. Inspection and investigation.
The Mayor is authorized to conduct an on-site inspection of any asbestos abatement project to determine compliance with all federal and District laws or rules applicable to asbestos abatement. The Mayor is authorized to investigate any report of noncompliance with the federal and District laws or rules applicable to asbestos abatement.
(May 1, 1990, D.C. Law 8-116, § 6, 37 DCR 1641.)
Prior Codifications
1981 Ed., § 6-991.5.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VI - Asbestos Licensing and Control › § 8–111.06. Reprimands; suspensions; revocations

§ 8–111.06. Reprimands; suspensions; revocations.
The Mayor may reprimand an asbestos worker or business entity or suspend or revoke the license or permit of an asbestos worker or business entity, pursuant to § 2-509, if the asbestos worker or business entity:
(1) Attempts to remove or encapsulate asbestos or material that contains asbestos without a license or permit required under this subchapter;
(2) Fraudulently or deceptively obtains or attempts to obtain a license or permit;
(3) Violates any provision of this subchapter or any rule promulgated pursuant to this subchapter; or
(4) Fails to meet any applicable federal or District standard for asbestos abatement.
(May 1, 1990, D.C. Law 8-116, § 7, 37 DCR 1641.)
Prior Codifications
1981 Ed., § 6-991.6.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VI - Asbestos Licensing and Control › § 8–111.07. Summary action

§ 8–111.07. Summary action.
(a) If the Mayor determines that the conduct of an asbestos worker or business entity presents an imminent danger to the public health or safety of the residents of the District, the Mayor may suspend or restrict the license or permit of the asbestos worker or business entity prior to a hearing.
(b) At the time of the suspension or restriction of a license or permit, the Mayor shall provide the asbestos worker or business entity with written notice that states the action that is being taken, the basis for the action, and the right of the asbestos worker or business entity to request a hearing.
(c) An asbestos worker or business entity shall have the right to request a hearing within 3 days of service of notice of the suspension or restriction of the license or permit. The Mayor shall hold a hearing within 3 days of receipt of a timely request and shall issue a decision within 3 days of the hearing.
(d) The Mayor shall inform the asbestos worker or business entity of the decision in writing and provide findings of fact and conclusions of law. The findings shall be supported by reliable, probative, and substantial evidence. The Mayor shall provide a copy of the decision to each party to a case or to the party’s attorney of record.
(e) Any person aggrieved by a decision pursuant to this section may file an appeal with the Mayor within 10 days of the decision.
(May 1, 1990, D.C. Law 8-116, § 8, 37 DCR 1641.)
Prior Codifications
1981 Ed., § 6-991.7.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VI - Asbestos Licensing and Control › § 8–111.08. Cease and desist order

§ 8–111.08. Cease and desist order.
If the Mayor determines that a hazardous condition exists that may endanger the public health or safety of the District of Columbia due to noncompliance with federal or District laws or rules on asbestos abatement, the Mayor may issue a cease and desist order to require a violator to cease asbestos abatement operations immediately, remove asbestos workers from the asbestos abatement project area, evacuate appropriate areas of the asbestos abatement project site, or take emergency measures necessary to contain the hazardous condition. Any business entity subject to a cease and desist order may appeal the order within 15 days, but is required to comply with the order pending appeal.
(May 1, 1990, D.C. Law 8-116, § 9, 37 DCR 1641.)
Prior Codifications
1981 Ed., § 6-991.8.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VI - Asbestos Licensing and Control › § 8–111.09. Criminal action

§ 8–111.09. Criminal action.
A person who willfully violates § 8-111.04 is guilty of a misdemeanor, and, upon conviction, shall be fined not more than $5,000 for the 1st offense or $10,000 for the 2nd or subsequent offense, imprisoned for not more than 1 year, or both. Each day that a violation continues is a separate violation under this subchapter. The fines set forth in this section shall not be limited by § 22-3571.01.
(May 1, 1990, D.C. Law 8-116, § 10, 37 DCR 1641; June 11, 2013, D.C. Law 19-317, § 113(a), 60 DCR 2064.)
Prior Codifications
1981 Ed., § 6-991.9.
Effect of Amendments
The 2013 amendment by D.C. Law 19-317 added the last sentence.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 113(a) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).
Editor's Notes
Applicability of D.C. Law 19-317: Section 401 of D.C. Law 19-317 provided that the act shall apply only to offenses committed on or after June 11, 2013.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VI - Asbestos Licensing and Control › § 8–111.10. Civil infractions

§ 8–111.10. Civil infractions.
Civil fines, penalties, and fees may be imposed as sanctions for any infraction of the provisions of this subchapter, or the rules authorized by this subchapter, pursuant to Chapter 18 of Title 2.
(May 1, 1990, D.C. Law 8-116, § 11, 37 DCR 1641.)
Prior Codifications
1981 Ed., § 6-991.10.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VI - Asbestos Licensing and Control › § 8–111.11. Records to be kept by a business entity

§ 8–111.11. Records to be kept by a business entity.
(a) A business entity that is engaged in asbestos abatement shall keep a record of each asbestos abatement project and make the record available to the Mayor.
(b) The records shall include:
(1) The name and address of the person who supervised the asbestos abatement project;
(2) The location of and a description of the asbestos abatement project;
(3) The amount of asbestos or material that contains asbestos that was involved in the asbestos abatement project;
(4) The commencement and completion date of the asbestos abatement project;
(5) A summary of the procedures that were used to comply with all applicable District and federal standards for asbestos abatement;
(6) The name and address of each asbestos disposal site that was used in the asbestos abatement project;
(7) The location, date, and description of any fiber release episodes;
(8) A report of any air sampling, including the location, date, method used, results, and the name and address of any worker who performed the air sampling;
(9) Information that relates to asbestos worker training and licensing;
(10) The name and address of a certified laboratory that is independent of the business entity and that will conduct analysis of bulk, dust, or air samples during an asbestos abatement project, and the name and address of the owner of the building in which the asbestos abatement project is being conducted; and
(11) Any other information that the Mayor deems necessary.
(c) The business entity or any successor or assignee shall maintain the records required by this section for not less than 30 years.
(May 1, 1990, D.C. Law 8-116, § 12, 37 DCR 1641.)
Prior Codifications
1981 Ed., § 6-991.11.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VI - Asbestos Licensing and Control › § 8–111.12. Mayor’s responsibilities

§ 8–111.12. Mayor’s responsibilities.
(a) The Mayor shall make available application forms for asbestos abatement licenses to business entities. The application form shall:
(1) Request the name and address of the business entity;
(2) Request a description of the protective clothing and respirators to be used by the business entity and the procedure for use of the protective clothing and respirators;
(3) Request the name and address of each asbestos disposal site to be used;
(4) Request a description of the site decontamination procedures to be used;
(5) Request a description of the asbestos abatement methods to be used by the business entity;
(6) Request a description of the procedure to be used to handle waste that contains asbestos;
(7) Request a description of the procedure to be used to monitor the air;
(8) Request a description of the final cleanup procedure to be used;
(9) Request the signature of the chief executive officer of the business entity or his or her agent;
(10) Request evidence that any person to be utilized on an asbestos abatement project is a licensed asbestos worker;
(11) Outline procedures for the business entity to follow to certify that the business entity is able to comply with applicable federal standards for asbestos abatement and District environmental, safety, or health laws or rules;
(12) Outline procedures for the business entity to follow to certify that the business entity will use appropriate equipment and materials;
(13) Outline procedures for the business entity to follow to certify that the business entity has access to an approved asbestos disposal site; and
(14) Request any other information that the Mayor deems necessary.
(b) Prior to expiration of a license for an asbestos worker or for asbestos abatement by a business entity, the Mayor shall send to an asbestos worker or business entity a renewal notice that states:
(1) The expiration date of the current license;
(2) The date that the renewal application must be received by the Mayor for the renewal license to be issued and mailed to the asbestos worker or business entity before the current license expires; and
(3) The amount of the renewal fee.
(May 1, 1990, D.C. Law 8-116, § 13, 37 DCR 1641.)
Prior Codifications
1981 Ed., § 6-991.12.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VI - Asbestos Licensing and Control › § 8–111.14. Remedies cumulative

§ 8–111.14. Remedies cumulative.
The remedies provided for in this subchapter are cumulative of remedies already provided in law.
(May 1, 1990, D.C. Law 8-116, § 15, 37 DCR 1641.)
Prior Codifications
1981 Ed., § 6-991.14.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VII - Underground Storage Tank Management › § 8–113.02. Notification

§ 8–113.02. Notification.
(a) Within 120 days after March 8, 1991, the owner of an underground storage tank shall notify the Mayor of the existence of any tank and specify the age, size, type, location, and use of the tank and any other information required by the Mayor.
(b) Notice shall not be required if the owner of an underground storage tank has:
(1) Taken the tank out of operation on or before January 1, 1974; or
(2) Previously filed a federal underground storage tank notification form with the Mayor.
(c) Any owner who brings into use an underground storage tank after March 8, 1991, shall notify the Mayor within 30 days of the existence of the tank as provided in subsection (a) of this section.
(d) Any owner of tanks located at different facilities shall file a separate notification form for each facility.
(e) An owner shall submit notice to the Mayor 30 days prior to a permanent removal from service or a change in the reported use, contents, or ownership of an underground storage tank.
(f) Beginning 30 days after the Mayor issues rules pursuant to § 8-113.12 regarding performance standards for new underground storage tanks, any person who deposits regulated substances into an underground storage tank or sells or leases an underground storage tank shall notify the owner of the tank of the notification requirement pursuant to this section.
(g) Beginning 30 days after September 29, 1992, any person who sells real property in the District of Columbia upon which underground storage tanks are located, or from which underground storage tanks have been removed during the seller’s ownership, shall inform each prospective buyer in writing, prior to entering into a contract for sale, of the existence or removal of any tanks of which the seller has knowledge.
(Mar. 8, 1991, D.C. Law 8-242, § 3, 38 DCR 344; Sept. 29, 1992, D.C. Law 9-159, § 2(b), 39 DCR 5690.)
Prior Codifications
1981 Ed., § 6-995.2.
Section References
This section is referenced in § 8-113.09.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VII - Underground Storage Tank Management › § 8–113.03. Release notification requirements

§ 8–113.03. Release notification requirements.
(a) Any responsible party or any authorized agent of a responsible party; any person who tests, installs, or removes tanks; any person who engages in site investigation, assessment, remediation, or geotechnical exploration; or any public utility company or authorized agent of a public utility company who knows, or has reason to know, of a release from an underground storage tank shall notify the Mayor of the release.
(b) The notification shall consist of, if known, the name of the owner, operator, and any other responsible party, as well as the location, date, time, volume, and substance of the release. The notification shall include, if known, any immediate and ongoing action taken to mitigate the release, any subsequent hazardous conditions caused by the release, and an evaluation of any potential environmental hazard evident by the condition or disposition of the tank.
(Mar. 8, 1991, D.C. Law 8-242, § 4, 38 DCR 344; Sept. 29, 1992, D.C. Law 9-159, § 2(c), 39 DCR 5690.)
Prior Codifications
1981 Ed., § 6-995.3.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VII - Underground Storage Tank Management › § 8–113.04. Interim prohibition for installation

§ 8–113.04. Interim prohibition for installation.
From March 8, 1991, until the effective date of the rules issued pursuant to § 8-113.12 regarding performance standards for new underground storage tanks, no person may install an underground storage tank to store a regulated substance unless the tank, whether of single or double wall construction, complies with the District of Columbia Fire Prevention Code and the new tank performance standards set forth in 40 C.F.R. part 280 .
(Mar. 8, 1991, D.C. Law 8-242, § 5, 38 DCR 344.)
Prior Codifications
1981 Ed., § 6-995.4.
Section References
This section is referenced in § 8-113.09.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VII - Underground Storage Tank Management › § 8–113.05. Underground Storage Tank Trust Fund. [Repealed]

§ 8–113.05. Underground Storage Tank Trust Fund. [Repealed]
Repealed.
(Mar. 8, 1991, D.C. Law 8-242, § 6, 38 DCR 344; Sept. 29, 1992, D.C. Law 9-159, § 2(d), 39 DCR 5690; Sept. 14, 2011, D.C. Law 19-21, § 9083, 58 DCR 6226.)
Prior Codifications
1981 Ed., § 6-995.5.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VII - Underground Storage Tank Management › § 8–113.05a. Underground Storage Tank Regulation Fund

§ 8–113.05a. Underground Storage Tank Regulation Fund.
(a) There is established as a special fund the Underground Storage Tank Regulation Fund ("Fund"), which shall be administered by the Department of Energy and Environment in accordance with subsection (c) of this section.
(b) All fees, fines, and penalties received from compliance with and enforcement of this subchapter, and contributions and monies received as reimbursement, and all interest earned on those monies, shall be deposited into the Fund.
(c) Money in the Fund shall be used to pay for the costs of implementing this subchapter and may be used for assessment, clean up, and housing and relocation assistance.
(d)(1) The money deposited into the Fund but not expended in a fiscal year shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
(Mar. 8, 1991, D.C. Law 8-242, § 6a; as added Dec. 3, 2020, D.C. Law 23-149, § 6043, 67 DCR 10493.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VII - Underground Storage Tank Management › § 8–113.06. Certification, registration, and licensing

§ 8–113.06. Certification, registration, and licensing.
(a) The Mayor may require the licensing of any business and the certification of any individual who installs, removes, or tests underground storage tanks. The Mayor may, by rules issued in accordance with § 8-113.12, establish prerequisites for licensing and certification including minimum qualifications, proof of financial responsibility, application fees, and procedures.
(b) Any owner of an underground storage tank that contains a regulated substance shall register the tank with the Mayor on an annual basis pursuant to the rules issued and shall pay the required fee. A copy of the registration certificate shall be kept conspicuously displayed and available for inspection at any facility where the underground storage tank is located.
(c) The annual registration fee shall be:
(1) $500 for an initial registration and $200 for a renewal registration for a tank over 10,000 gallons; and
(2) $200 for an initial registration and $100 for a renewal registration for a tank of 10,000 gallons or under.
(d) The Mayor may adjust fees in accordance with rules issued pursuant to § 8-113.12 beginning 2 years after March 8, 1991.
(Mar. 8, 1991, D.C. Law 8-242, § 7, 38 DCR 344; Sept. 29, 1992, D.C. Law 9-159, § 2(e), 39 DCR 5690.)
Prior Codifications
1981 Ed., § 6-995.6.
Section References
This section is referenced in § 8-113.07.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VII - Underground Storage Tank Management › § 8–113.07. Denial, suspension, or revocation

§ 8–113.07. Denial, suspension, or revocation.
The Mayor may suspend, revoke, or refuse to issue, renew, or restore a license or certificate issued under § 8-113.06 to protect the public health, safety, or welfare if the Mayor finds that the applicant or holder has:
(1) Failed to meet and maintain the standards established by this subchapter or rules issued pursuant to this subchapter;
(2) Submitted a false or fraudulent record, invoice, or report;
(3) Engaged in fraud or misrepresentation in the application for licensure or certification;
(4) Had a history of repeated violations; or
(5) Had his license or certification denied, revoked, or suspended in another state or jurisdiction.
(Mar. 8, 1991, D.C. Law 8-242, § 8, 38 DCR 344.)
Prior Codifications
1981 Ed., § 6-995.7.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VII - Underground Storage Tank Management › § 8–113.10. Summary action

§ 8–113.10. Summary action.
(a) If the Mayor determines during or after an investigation that the conduct of any business or individual who installs, removes, or tests an underground storage tank presents an imminent danger to the health or safety of the residents of the District, the Mayor may summarily suspend or restrict, without a hearing, the license of the business or certificate of the individual.
(b) At the time of the summary suspension or restriction, the Mayor shall provide the licensee or certificate holder with a written notice stating the action that is being taken, the basis for the action, and the right of the licensee or certificate holder to request a hearing.
(c) A licensee or certificate holder shall have the right to request a hearing within 72 hours after service of notice of the summary suspension or restriction of the license or certificate. The Mayor shall hold a hearing within 15 days of receipt of a timely request, and shall issue a decision within 15 days after the hearing.
(d) Any decision and order adverse to a licensee or certified holder shall be in writing and accompanied by findings of fact and conclusions of law. The Mayor shall provide a copy of the decision and order and findings of fact and conclusions of law to each party or his or her attorney of record.
(e) Any licensee or certificate holder aggrieved by a decision and order may file an appeal in accordance with § 2-510.
(Mar. 8, 1991, D.C. Law 8-242, § 11, 38 DCR 344; Sept. 29, 1992, D.C. Law 9-159, § 2(h), 39 DCR 5690.)
Prior Codifications
1981 Ed., § 6-995.10.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VII - Underground Storage Tank Management › § 8–113.11. Citizen’s right of action

§ 8–113.11. Citizen’s right of action.
(a) Any person aggrieved by a violation of any requirement of this subchapter or rule issued pursuant to this subchapter may commence a civil action on his or her own behalf against any person who is alleged to be in violation.
(b) The Court shall have jurisdiction in any action brought pursuant to subsection (a) of this section to enforce the requirement or to order any action necessary to correct the violation, and to impose any civil penalty provided for the violation.
(c) No action may be commenced under subsection (a) of this section until 30 days after the plaintiff has given notice of the violation to the Office of Corporation Counsel for the District of Columbia and to the alleged violator.
(d) No action may be commenced under subsection (a) of this section if the Mayor has commenced and is diligently prosecuting an action to obtain compliance with the requirements of this subchapter or rules issued pursuant to this subchapter.
(e) The Court, in issuing any final order in any action brought pursuant to this section, may award costs of litigation, including reasonable attorney and expert witness fees, to the prevailing or substantially prevailing party if the court determines an award is appropriate.
(f) An owner or operator who enters on the property of another person in order to investigate or remediate a leaking underground storage tank site shall be liable for any damages to person or property which result from the action of the owner or operator or the agents of the owner or operator.
(Mar. 8, 1991, D.C. Law 8-242, § 12, 38 DCR 344; Sept. 29, 1992, D.C. Law 9-159, § 2(i), 39 DCR 5690.)
Prior Codifications
1981 Ed., § 6-995.11.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VII - Underground Storage Tank Management › § 8–113.12. Rules

§ 8–113.12. Rules.
(a) The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue and may revise, as appropriate, rules necessary to carry out the purposes and implement the provisions of this subchapter, including rules regarding requirements for:
(1) The maintenance of leak detection, prevention, inventory control, and tank testing systems;
(2) The maintenance of records of any monitoring or leak detection system or an inventory control or tank testing system;
(3) The reporting of releases and any corrective action taken;
(4) The abandonment in place, closure, or removal of underground storage tanks to prevent future releases of regulated substances into the environment;
(5) The maintenance of evidence of financial responsibility in order to take corrective action and compensate any 3rd party for bodily injury or property damage which shall conform to the federal financial responsibility requirements issued pursuant to section 9004 of the Solid Waste Disposal Act, approved November 8, 1984 (98 Stat. 3282; 42 U.S.C. § 6991c);
(6) The establishment of standards of performance for new underground storage tanks;
(7) The taking of corrective action in response to a release from an underground storage tank that meets District and federal cleanup objectives;
(8) Public participation in the implementation and enforcement of this subchapter;
(9) Standards and fees for the registration, installation, and abandonment of tanks; and
(10) Tanks that are exempt from regulation.
(b) Until the Mayor, by rule, determines which tanks shall be exempt from regulation, the exemptions set forth in section 9001(1) of the Solid Waste Disposal Act (42 U.S.C. § 6991(1) [see now 42 U.S.C. § 6991(10)]) shall be applicable.
(Mar. 8, 1991, D.C. Law 8-242, § 13, 38 DCR 344; Sept. 29, 1992, D.C. Law 9-159, § 2(j), 39 DCR 5690.)
Prior Codifications
1981 Ed., § 6-995.12.
Section References
This section is referenced in § 8-113.01, § 8-113.02, § 8-113.04, § 8-113.06, and § 8-113.09.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VIII - Lead-Based Paint Abatement and Control › § 8–115.01. Definitions. [Repealed]

§ 8–115.01. Definitions. [Repealed]
Repealed.
(Apr. 9, 1997, D.C. Law 11-221, § 2, 43 DCR 6854; Apr. 20, 1999, D.C. Law 12-264, § 18, 46 DCR 2118; Apr. 12, 2005, D.C. Law 15-347, § 2(a), 52 DCR 2627; Mar. 31, 2009, D.C. Law 17-381, § 21(a), 56 DCR 1596.)
Prior Codifications
1981 Ed., § 6-997.1.
Emergency Legislation
For temporary (90 day) amendment of section, see § 2(a) of Lead-Based Paint Abatement and Control Emergency Amendment Act of 2002 (D.C. Act 14-397, June 25, 2002, 49 DCR 6511).
For temporary (90 day) amendment of section, see § 2(a) of Lead-Based Paint Abatement and Control Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-478, October 3, 2002, 49 DCR 9574).
For temporary (90 day) amendment of section, see § 2(a) of Lead-Based Paint Abatement and Control Emergency Amendment Act of 2003 (D.C. Act 15-89, May 19, 2003, 50 DCR 4334).
For temporary (90 day) amendment of section, see § 2(a) of Lead-based Paint Abatement and Control Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-125, July 29, 2003, 50 DCR 6641).
For temporary (90 day) amendment of section, see § 2(a) of Lead-Based Paint Abatement and Control Emergency Amendment Act of 2004 (D.C. Act 15-411, April 21, 2004, 51 DCR 4677).
For temporary (90 day) amendment of section, see § 2(a) of Lead-based Paint Abatement and Control Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-468, July 19, 2004, 51 DCR 7587).
Temporary Legislation
For temporary (225 day) amendment of section, see § 2(a) of Lead-Based Paint Abatement and Control Temporary Amendment Act of 2002 (D.C. Law 14-204, October 17, 2002, law notification 49 DCR 10460).
For temporary (225 day) amendment of section, see § 2(a) of Lead Based Paint Abatement and Control Temporary Amendment Act of 2003 (D.C. Law 15-28, September 23, 2003, law notification 50 DCR 8351).
For temporary (225 day) amendment of section, see § 2(a) of Lead Based Paint Abatement and Control Temporary Amendment Act of 2004 (D.C. Law 15-180, September 8, 2004, law notification 51 DCR 9222).
Delegation of Authority
Delegation of authority pursuant to D.C. Law 11-221, “Lead-Based Paint Abatement and Control Act of 1996”, see Mayor’s Order 98-54, April 15, 1998 ( 45 DCR 2702); Mayor’s Order 98-124, August 7, 1998 ( 45 DCR 6386).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VIII - Lead-Based Paint Abatement and Control › § 8–115.02. Establishment of lead-based paint abatement and control program [Repealed]

§ 8–115.02. Establishment of lead-based paint abatement and control program [Repealed]
Repealed.
(Apr. 9, 1997, D.C. Law 11-221, § 3, 43 DCR 6854; Apr. 12, 2005, D.C. Law 15-347, § 2(b), 52 DCR 2627; Mar. 31, 2009, D.C. Law 17-381, § 21(a), 56 DCR 1596.)
Prior Codifications
1981 Ed., § 6-997.2.
Emergency Legislation
For temporary amendment of section, see § 101 of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).
Delegation of Authority
Delegation of authority pursuant to D.C. Law 11-221 the “Lead-Based Paint Abatement and Control Act of 1996”, see Mayor’s Order 97-118, June 25, 1997 ( 44 DCR 4137).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VIII - Lead-Based Paint Abatement and Control › § 8–115.03. Prohibition on lead-based paint activities. [Repealed]

§ 8–115.03. Prohibition on lead-based paint activities. [Repealed]
Repealed.
(Apr. 9, 1997, D.C. Law 11-221, § 4, 43 DCR 6854; Apr. 12, 2005, D.C. Law 15-347, § 2(c), 52 DCR 2627; Mar. 31, 2009, D.C. Law 17-381, § 21(a), 56 DCR 1596.)
Prior Codifications
1981 Ed., § 6-997.3.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VIII - Lead-Based Paint Abatement and Control › § 8–115.04. Exemptions from provisions of this subchapter. [Repealed]

§ 8–115.04. Exemptions from provisions of this subchapter. [Repealed]
Repealed.
(Apr. 9 1997, D.C. Law 11-221, § 5, 43 DCR 6854; Apr. 12, 2005, D.C. Law 15-347, § 2(d), 52 DCR 2627; Mar. 31, 2009, D.C. Law 17-381, § 21(a), 56 DCR 1596.)
Prior Codifications
1981 Ed., § 6-997.4.
Emergency Legislation
For temporary (90 day) amendment of section, see § 2(b) of Lead-Based Paint Abatement and Control Emergency Amendment Act of 2002 (D.C. Act 14-397, June 25, 2002, 49 DCR 6511).
For temporary (90 day) amendment of section, see § 2(b) of Lead-Based Paint Abatement and Control Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-478, October 3, 2002, 49 DCR 9574).
For temporary (90 day) amendment of section, see § 2(b) of Lead-Based Paint Abatement and Control Emergency Amendment Act of 2003 (D.C. Act 15-89, May 19, 2003, 50 DCR 4334).
For temporary (90 day) amendment of section, see § 2(b) of Lead-based Paint Abatement and Control Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-125, July 29, 2003, 50 DCR 6641).
For temporary (90 day) amendment of section, see § 2(b) of Lead-Based Paint Abatement and Control Emergency Amendment Act of 2004 (D.C. Act 15-411, April 21, 2004, 51 DCR 4677).
For temporary (90 day) amendment of section, see § 2(b) of Lead-based Paint Abatement and Control Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-468, July 19, 2004, 51 DCR 7587).
Temporary Legislation
For temporary (225 day) amendment of section, see § 2(b) of Lead-Based Paint Abatement and Control Temporary Amendment Act of 2002 (D.C. Law 14-204, October 17, 2002, law notification 49 DCR 10460).
For temporary (225 day) amendment of section, see § 2(b) of Lead Based Paint Abatement and Control Temporary Amendment Act of 2003 (D.C. Law 15-28, September 23, 2003, law notification 50 DCR 8351).
For temporary (225 day) amendment of section, see § 2(b) of Lead Based Paint Abatement and Control Temporary Amendment Act of 2004 (D.C. Law 15-180, September 8, 2004, law notification 51 DCR 9222).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VIII - Lead-Based Paint Abatement and Control › § 8–115.05. Certification requirements for individuals and business entities to conduct lead-based paint abatement; risk assessment and inspection of lead-based paint hazards, lead-contaminated dust, and lead-contaminated soil; or planning, project designing, and supervision of lead-based paint activities. [Repealed]

§ 8–115.05. Certification requirements for individuals and business entities to conduct lead-based paint abatement; risk assessment and inspection of lead-based paint hazards, lead-contaminated dust, and lead-contaminated soil; or planning, project designing, and supervision of lead-based paint activities. [Repealed]
Repealed.
(Apr. 9 1997, D.C. Law 11-221, § 6, 43 DCR 6854; Apr. 12, 2005, D.C. Law 15-347, § 2(e), 52 DCR 2627; Mar. 2, 2007, D.C. Law 16-191, § 36(a), 53 DCR 6794; Mar. 31, 2009, D.C. Law 17-381, § 21(a), 56 DCR 1596.)
Prior Codifications
1981 Ed., § 6-997.5.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VIII - Lead-Based Paint Abatement and Control › § 8–115.05a. Required training of employees of a business entity performing interim controls and certain lead-based paint activities. [Repealed]

§ 8–115.05a. Required training of employees of a business entity performing interim controls and certain lead-based paint activities. [Repealed]
Repealed.
(Apr. 9, 1997, D.C. Law 11-221, § 6a; as added Apr. 12, 2005, D.C. Law 15-347, § 2(f), 52 DCR 2627; Mar. 31, 2009, D.C. Law 17-381, § 21(a), 56 DCR 1596.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VIII - Lead-Based Paint Abatement and Control › § 8–115.06. Accreditation of training providers. [Repealed]

§ 8–115.06. Accreditation of training providers. [Repealed]
Repealed.
(Apr. 9, 1997, D.C. Law 11-221, § 7, 43 DCR 6854; Apr. 12, 2005, D.C. Law 15-347, § 2(g), 52 DCR 2627; Mar. 2, 2007, D.C. Law 16-191, § 36(b), 53 DCR 6794; Mar. 31, 2009, D.C. Law 17-381, § 21(a), 56 DCR 1596.)
Prior Codifications
1981 Ed., § 6-997.6.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VIII - Lead-Based Paint Abatement and Control › § 8–115.07a. Clearance report required; Record keeping requirements. [Repealed]

§ 8–115.07a. Clearance report required; Record keeping requirements. [Repealed]
Repealed.
(Apr. 9, 1997, D.C. Law 11-221, § 8a; as added Apr. 12, 2005, D.C. Law 15-347, § 2(i), 52 DCR 2627; Mar. 31, 2009, D.C. Law 17-381, § 21(a), 56 DCR 1596.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VIII - Lead-Based Paint Abatement and Control › § 8–115.08. Record keeping requirements. [Repealed]

§ 8–115.08. Record keeping requirements. [Repealed]
Repealed.
(Apr. 9, 1997, D.C. Law 11-221, § 9, 43 DCR 6854; Apr. 12, 2005, D.C. Law 15-347, § 2(j), 52 DCR 2627; Mar. 31, 2009, D.C. Law 17-381, § 21(a), 56 DCR 1596.)
Prior Codifications
1981 Ed., § 6-997.8.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VIII - Lead-Based Paint Abatement and Control › § 8–115.09. Inspections by the Mayor. [Repealed]

§ 8–115.09. Inspections by the Mayor. [Repealed]
Repealed.
(Apr. 9, 1997, D.C. Law 11-221, § 10, 43 DCR 6854; Apr. 12, 2005, D.C. Law 15-347, § 2(k), 52 DCR 2627; Mar. 31, 2009, D.C. Law 17-381, § 21(a), 56 DCR 1596.)
Prior Codifications
1981 Ed., § 6-997.9.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VIII - Lead-Based Paint Abatement and Control › § 8–115.10. Denial, suspension, or revocation. [Repealed]

§ 8–115.10. Denial, suspension, or revocation. [Repealed]
Repealed.
(Apr. 9, 1997, D.C. Law 11-221, § 11, 43 DCR 6854; Mar. 31, 2009, D.C. Law 17-381, § 21(a), 56 DCR 1596.)
Prior Codifications
1981 Ed., § 6-997.10.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VIII - Lead-Based Paint Abatement and Control › § 8–115.11. Hearings. [Repealed]

§ 8–115.11. Hearings. [Repealed]
Repealed.
(Apr. 9, 1997, D.C. Law 11-221, § 12, 43 DCR 6854; Mar. 31, 2009, D.C. Law 17-381, § 21(a), 56 DCR 1596.)
Prior Codifications
1981 Ed., § 6-997.11.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VIII - Lead-Based Paint Abatement and Control › § 8–115.12. Criminal penalties/fines. [Repealed]

§ 8–115.12. Criminal penalties/fines. [Repealed]
Repealed.
(Apr. 9, 1997, D.C. Law 11-221, § 13, 43 DCR 6854; Apr. 12, 2005, D.C. Law 15-347, § 2(l), 52 DCR 2627; Mar. 2, 2007, D.C. Law 16-191, § 36(c), 53 DCR 6794; Mar. 31, 2009, D.C. Law 17-381, § 21(a), 56 DCR 1596.)
Prior Codifications
1981 Ed., § 6-997.12.
Emergency Legislation
For temporary (90 day) amendment of section, see § 2(d) of Lead-Based Paint Abatement and Control Emergency Amendment Act of 2002 (D.C. Act 14-397, June 25, 2002, 49 DCR 6511).
For temporary (90 day) amendment of section, see § 2(d) of Lead-Based Paint Abatement and Control Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-478, October 3, 2002, 49 DCR 9574).
For temporary (90 day) amendment of section, see § 2(d) of Lead-Based Paint Abatement and Control Emergency Amendment Act of 2003 (D.C. Act 15-89, May 19, 2003, 50 DCR 4334).
For temporary (90 day) amendment of section, see § 2(d) of Lead-based Paint Abatement and Control Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-125, July 29, 2003, 50 DCR 6641).
For temporary (90 day) amendment of section, see § 2(d) of Lead-Based Paint Abatement and Control Emergency Amendment Act of 2004 (D.C. Act 15-411, April 21, 2004, 51 DCR 4677).
For temporary (90 day) amendment of section, see § 2(d) of Lead-based Paint Abatement and Control Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-468, July 19, 2004, 51 DCR 7587).
Temporary Legislation
For temporary (225 day) amendment of section, see § 2(d) of Lead-Based Paint Abatement and Control Temporary Amendment Act of 2002 (D.C. Law 14-204, October 17, 2002, law notification 49 DCR 10460).
For temporary (225 day) amendment of section, see § 2(d) of Lead Based Paint Abatement and Control Temporary Amendment Act of 2003 (D.C. Law 15-28, September 23, 2003, law notification 50 DCR 8351).
For temporary (225 day) amendment of section, see § 2(d) of Lead Based Paint Abatement and Control Temporary Amendment Act of 2004 (D.C. Law 15-180, September 8, 2004, law notification 51 DCR 9222).
Editor's Notes
Section 5 of D.C. Law 15-347 provided: “Sec. 5. Applicability. Section 2(l) and (m) shall apply upon publication in the District of Columbia Register by the Mayor of a list of civil infraction fines and a recommended schedule of fines or penalties for the Superior Court of the District of Columbia to consider.”
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VIII - Lead-Based Paint Abatement and Control › § 8–115.13. Civil penalties/fines; civil infractions. [Repealed]

§ 8–115.13. Civil penalties/fines; civil infractions. [Repealed]
Repealed.
(Apr. 9, 1997, D.C. Law 11-221, § 14, 43 DCR 6854; Apr. 12, 2005, D.C. Law 15-347, § 2(m), 52 DCR 2627; Mar. 31, 2009, D.C. Law 17-381, § 21(a), 56 DCR 1596.)
Prior Codifications
1981 Ed., § 6-997.13.
Emergency Legislation
For temporary (90 day) amendment of section, see § 2(e) of Lead-Based Paint Abatement and Control Emergency Amendment Act of 2002 (D.C. Act 14-397, June 25, 2002, 49 DCR 6511).
For temporary (90 day) amendment of section, see § 2(e) of Lead-Based Paint Abatement and Control Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-478, October 3, 2002, 49 DCR 9574).
For temporary (90 day) amendment of section, see § 2(e) of Lead-Based Paint Abatement and Control Emergency Amendment Act of 2003 (D.C. Act 15-89, May 19, 2003, 50 DCR 4334).
For temporary (90 day) amendment of section, see § 2(e) of Lead-based Paint Abatement and Control Congressional Review Emergency Amendment Act of 2003 (D.C. Act 15-125, July 29, 2003, 50 DCR 6641).
For temporary (90 day) amendment of section, see § 2(e) of Lead-Based Paint Abatement and Control Emergency Amendment Act of 2004 (D.C. Act 15-411, April 21, 2004, 51 DCR 4677).
For temporary (90 day) amendment of section, see § 2(e) of Lead-based Paint Abatement and Control Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-468, July 19, 2004, 51 DCR 7587).
Temporary Legislation
For temporary (225 day) amendment of section, see § 2(e) of Lead-Based Paint Abatement and Control Temporary Amendment Act of 2002 (D.C. Law 14-204, October 17, 2002, law notification 49 DCR 10460).
For temporary (225 day) amendment of section, see § 2(e) of Lead Based Paint Abatement and Control Temporary Amendment Act of 2003 (D.C. Law 15-28, September 23, 2003, law notification 50 DCR 8351).
For temporary (225 day) amendment of section, see § 2(e) of Lead Based Paint Abatement and Control Temporary Amendment Act of 2004 (D.C. Law 15-180, September 8, 2004, law notification 51 DCR 9222).
Editor's Notes
Section 5 of D.C. Law 15-347 provided: “Sec. 5. Applicability. Section 2(l) and (m) shall apply upon publication in the District of Columbia Register by the Mayor of a list of civil infraction fines and a recommended schedule of fines or penalties for the Superior Court of the District of Columbia to consider.”
For Law 17-381, see notes following § 8-115.01.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter VIII - Lead-Based Paint Abatement and Control › § 8–115.14. Rulemaking. [Repealed]

§ 8–115.14. Rulemaking. [Repealed]
Repealed.
(Apr. 9, 1997, D.C. Law 11-221, § 15, 43 DCR 6854; Mar. 31, 2009, D.C. Law 17-381, § 21(a), 56 DCR 1596.)
Prior Codifications
1981 Ed., § 6-997.14.
Emergency Legislation
For temporary (90 day) addition, see § 3 of the Multiple Dwelling Residence Water Lead Level Test Emergency Act of 2004 (D.C. Act 15-483, July 19, 2004, 51 DCR 7833).
For temporary (90 day) addition, see § 3 of Multiple Dwelling Residence Water Lead Level Test Congressional Review Emergency Amendment Act of 2004 (D.C. Act 15-560, October 26, 2004, 51 DCR 10382).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1A - District Department of the Environment › Subchapter I - General › § 8–151.02. Purpose

§ 8–151.02. Purpose.
The purpose of this chapter is to establish a single executive agency to protect human health and the environment in accordance with District and federal law and regulation, improve the urban quality of life, streamline the administration of District environmental law and programs, including those relating to environmental health, to improve public notification of environmental issues, and to enable the District to seek primacy.
(Feb. 15, 2006, D.C. Law 16-51, § 102, 52 DCR 10812.)
Mayor's Orders
Establishment of Recycling Policy into the District Department of the Environment, see Mayor’s Order 2009-7, January 23, 2009 ( 56 DCR 2022).
Delegation of Authority
Delegation and Transfer of Authority pursuant to D.C. Law 16-51, the District Department of the Environment Establishment Act of 2005, see Mayor’s Order 2006-61, June 14, 2006 ( 53 DCR 7684).
Amendment of Mayor’s Order 2002-16, dated June 14, 2006, Delegation and Transfer of Authority Pursuant to D.C. Law 16-51, the District Department of the Environment Establishment Act of 2005, see Mayor’s Order 2006-150, November 6, 2006 ( 53 DCR 9350).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1A - District Department of the Environment › Subchapter I - General › § 8–151.04. Director; appointment, compensation

§ 8–151.04. Director; appointment, compensation.
(a) The DOEE shall be headed by a Director who shall:
(1) Be appointed by the Mayor with the advice and consent of the Council, pursuant to § 1-523.01(a);
(2) Be a person qualified by training and experience to perform the duties of the office; and
(3) Serve at the pleasure of the Mayor.
(b) The Mayor shall fix the compensation of the Director pursuant to subchapter X-A of Chapter 6 of Title 1.
(Feb. 15, 2006, D.C. Law 16-51, § 104, 52 DCR 10812; Mar. 2, 2007, D.C. Law 16-191, § 104, 53 DCR 6794; Oct. 8, 2016, D.C. Law 21-160, § 6045(b), 63 DCR 10775.)
Effect of Amendments
D.C. Law 16-191 validated a previously made technical correction in (b).