2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 8 - Litter Control Administration › § 8–802. Enforcement of regulations

§ 8–802. Enforcement of regulations.
(a)(1) The Mayor of the District of Columbia (“Mayor”) shall enforce Chapter 10A of this title and Chapter 10B of this title, §§ 601, 603, 604, 605, 606(a), (c), and (h), 607(a), (b), (c), (d), (e), (f), (g), (h), and (j), 608(a), 609(a), and 612 of Chapter 3 in Title 8 of the District of Columbia Health Regulations, enacted June 29, 1971 (Reg. 71-21; 21 DCMR 700.1 et seq.), §§ 3, 4, 5, 6, and 7 of Solid Waste Collection: Containers to be Used, effective February 21, 1973 (19 DCR 497; 21 DCMR 708), and a number of rules recorded in §§ 2221.6, 2407.12, and 2407.13 of 18 DCMR, §§ 108, 900.7, 900.8, 900.9, 900.10, 1000, 1002, 1008, 1009, 2001.3, 2010 of 24 DCMR. Contested cases arising from violations of the regulations listed in this section shall be adjudicated in accordance with the system provided in §§ 8-804, 8-805, and 8-808.
(2) Violations of the regulations listed in paragraph (1) of this subsection shall be subject to the civil administrative system and the civil sanctions provided in this chapter.
(b) The adjudication system shall comply with Chapter 5 of Title 2 [§ 2-501 et seq.].
(Mar. 25, 1986, D.C. Law 6-100, § 3(a), (b), 33 DCR 781; Oct. 9, 1987, D.C. Law 7-38, § 2(a), 34 DCR 5326; Mar. 16, 1989, D.C. Law 7-226, § 19(a), 36 DCR 595; Feb. 5, 1994, D.C. Law 10-68, § 17, 40 DCR 6311; Oct. 19, 2000, D.C. Law 13-172, § 909(a), 47 DCR 6308; Nov. 16, 2006, D.C. Law 16-175, § 2, 53 DCR 6499; Mar. 20, 2009, D.C. Law 17-314, § 2(a), 56 DCR 200; Mar. 25, 2009, D.C. Law 17-353, § 124(a), 56 DCR 1117; Apr. 27, 2013, D.C. Law 19-289, § 4, 60 DCR 2328; Feb. 26, 2015, D.C. Law 20-154, § 201(a), 61 DCR 9971; Mar. 11, 2015, D.C. Law 20-207, § 5, 61 DCR 12690.)
Prior Codifications
1981 Ed., § 6-2902.
Effect of Amendments
D.C. Law 13-172, in par. (a)(1) following “(’Mayor’)”, removed the phrase “, through the Department of Public Works”, struck the last sentence of the paragraph, which had read, “The Department of Public Works shall hear contested cases arising from violations of the regulations listed in this section in accordance with the adjudicative system provided in §§ 6-2904, 6-2905, and 6-2908.”, and substituted “Contested cases arising from violations of the regulations listed in this section shall be adjudicated in accordance with the system provided in sections 5, 6, and 9.” in its place.
D.C. Law 16-175, in subsec. (a)(1), substituted “and a number of rules recorded in §§ 2407.12 and 2407.13 of 18 DCMR” for “and a number of rules recorded in”.
D.C. Law 17-314, in subsec. (a)(1), substituted “§§ 2221.6, 2407.12, and 2407.13” for “§§ 2407.12 and 2407.13”.
D.C. Law 17-353 validated a previously made technical correction in the punctuation in subsec. (a)(1).
The 2013 amendment by D.C. Law 19-289 would have rewritten (a)(1) to read as follows: “The Mayor of the District of Columbia (‘Mayor’) shall enforce the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988, effective March 16, 1989 (D.C. Law 7-226); D.C. Official Code § 8-1001 et seq., §§ 601, 603, 604, 605, 606(a), (c), and (h), 607(a), (b), (c), (d), (e), (f), (g), (h), and (j), 608(a), 609(a), and 612 of Chapter 3 in Title 8 of the District of Columbia Health Regulations, enacted June 29, 1971 (Reg. 71-21; 21 DCMR 700.1 et seq.), §§ 3, 4, 5, 6, and 7 of Solid Waste Collection: Containers to be Used, effective February 21, 1973 (19 DCR 497; 21 DCMR 708), a number of rules recorded in § 2221.6, 2407.12, and 2407.13 of 18 DCMR, §§ 101, 102, 103, 104, 900.7, 900.8, 900.10, 1000, 1001, 1002, 1005, 1008, 1009, 2000, 2001, 2002, and 2010 of 24 DCMR, and any rules relating to signs on public space, public buildings, or other property owned or controlled by the District issued pursuant to sections 1 and 4 of An Act To regulate the erection, hanging, placing, painting, display, and maintenance of outdoor signs and other forms of exterior advertising within the District of Columbia, approved March 3, 1931 (46 Stat. 1486; D.C. Official Code §§ 1-303.21 and 1-303.23).”
The 2015 amendment by D.C. Law 20-154 substituted “the Sustainable Solid Waste Management Amendment Act of 2014” for “the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988” in (a)(1).
The 2015 amendment by D.C. Law 20-207 substituted “§§ 108, 900.7, 900.8, 900.9, 900.10, 1000, 1002, 1008, 1009, 2001.3, 2010 of 24 DCMR” for “§§ 101, 102, 103, 104 ,108, 900.7, 900.8, 900.10, 1000, 1001, 1002, 1005, 1008, 1009, 2000, 2001, 2002, and 2010 of 24 DCMR” in (a)(1).
Emergency Legislation
For temporary (90-day) amendment of section, see § 909(a) of the Fiscal Year 2001 Budget Support Emergency Act of 2000 (D.C. Act 13-376, July 24, 2000, 47 DCR 6574).
For temporary (90 day) amendment of section, see § 909(a) of the Fiscal Year 2001 Budget Support Congressional Review Emergency Act of 2000 (D.C. Act 13-438, October 20, 2000, 47 DCR 8740).
For temporary (90 day) amendment of section, see § 4 of the Sign Regulation Emergency Amendment Act of 2012 (D.C. Act 19-387, July 11, 2012, 59 DCR 8491).
For temporary amendment of (a)(1), see § 4 of the Sign Regulation Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-499, October 26, 2012, 59 DCR 12749), applicable after the Mayor’s issuance of a comprehensive final rulemaking governing signs on public space and private property, and with the condition that any order, rule, or regulation in effect under a law replaced by this act shall remain in effect until repealed, amended, or superseded.
Temporary Legislation
Section 4 of D.C. Law 19-181 amended (a)(1) to read as follows:
“(a) (1) The Mayor of the District of Columbia (‘Mayor’) shall enforce the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988, effective March 16, 1989 (D.C. Law 7-226; D.C. Official Code § 8-1001 et seq.), §§ 601, 603, 604, 605, 606(a), (c), and (h), 607(a), (b), (c), (d), (e), (f), (g), (h), and (j), 608(a), 609(a), and 612 of Chapter 3 in Title 8 of the District of Columbia Health Regulations, enacted June 29, 1971 (Reg. 71-21; 21 DCMR 700.1 et seq.), §§ 3, 4, 5, 6, and 7 of Solid Waste Collection: Containers to be Used, effective February 21, 1973 ( 19 DCR 497; 21 DCMR 708), a number of rules recorded in §§ 2221.6, 2407.12, and 2407.13 of 18 DCMR, §§ 101, 102, 103, 104, 900.7, 900.8, 900.10, 1000, 1001, 1002, 1005, 1008, 1009, 2000, 2001, 2002, and 2010 of 24 DCMR, and any rules relating to signs on public space issued pursuant to section 1 of An Act To regulate the erection, hanging, placing, painting, display, and maintenance of outdoor signs and other forms of exterior advertising within the District of Columbia, approved March 3, 1931 (46 Stat. 1486; D.C. Official Code § 1-303.21).”
Section 8 of D.C. Law 19-181 provided that any order, rule, or regulation in effect under a law replaced by this act shall remain in effect until repealed, amended, or superseded.
Section 9 of D.C. Law 19-181 provided that sections 3, 4, 5, 6, and 7 of the act shall apply upon the Mayor’s issuance of a comprehensive final rulemaking governing signs on public space and private property pursuant to section 2 of the act.
Section 11(b) of D.C. Law 19-181 provided that the act shall expire after 225 days of its having taken effect.
References in Text
The Sustainable Solid Waste Management Amendment Act of 2014, referred to in the first sentence of subsection (a)(1), is D.C. Law 20-154.
Editor's Notes
Applicability of D.C. Law 19-289, § 4: Section 10 of D.C. Law 19-289 provided that sections 3, 4, 5, 6, 7, and 8 of the act shall not apply until the Mayor’s issuance of a comprehensive final rulemaking governing signs on public space and private property pursuant to section 2 of the act. Section 2 of D.C. Law 19-289 rewrote §§ 1-303.21 and 1-303.23, and repealed § 1-303.22.
Section 9 of D.C. Law 19-289 provided: “Any order, rule, or regulation in effect under a law replaced by this act shall remain in effect until repealed, amended, or superseded.”
Applicability of D.C. Law 20-207: Section 12(c) of D.C. Law 20-207 provided that § 5 of the act shall apply upon the effective date of rules promulgated pursuant to § 50-921.18.