reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 30 - Choice in Drug Treatment › § 7–3006. Confidential records

§ 7–3006. Confidential records.
All information furnished to APRA pursuant to this chapter shall remain confidential and may be disclosed only to medical personnel for purposes of diagnosis and treatment; except, that with the prior written consent of the client, the information may be disclosed for the purposes of and in accordance with Chapter 2B of this title [§ 7-241 et seq.].
(July 18, 2000, D.C. Law 13-146, § 7, 47 DCR 4350; Dec. 4, 2010, D.C. Law 18-273, § 208, 57 DCR 7171.)
Effect of Amendments
D.C. Law 18-273 substituted “and treatment; except, that with the prior written consent of the client, the information may be disclosed for the purposes of and in accordance with Chapter 2B of this chapter” for “and treatment”.
Emergency Legislation
For temporary (90 day) amendment of section, see § 208 of Data-Sharing and Information Coordination Emergency Amendment Act of 2010 (D.C. Act 18-530, August 6, 2010, 57 DCR 8099).
For temporary (90 day) amendment of section, see § 208 of Data-Sharing and Information Coordination Congressional Review Emergency Amendment Act of 2010 (D.C. Act 18-582, October 20, 2010, 57 DCR 10118).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 30 - Choice in Drug Treatment › § 7–3007. Residency and insurance requirements

§ 7–3007. Residency and insurance requirements.
In addition to other eligibility requirements established pursuant to this chapter, a prospective client shall be a District resident and not have insurance benefits available for substance abuse treatment. A client shall continue to be a resident while participating in the Program.
(July 18, 2000, D.C. Law 13-146, § 8, 47 DCR 4350.)
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 30 - Choice in Drug Treatment › § 7–3008. Benefits

§ 7–3008. Benefits.
(a) APRA shall formulate guidelines that give priority for enrollment in the Program to any eligible minor, pregnant woman, or the parent, guardian, or other person who has legal custody of a minor.
(b)(1) A client with no dependent children shall receive a maximum of up to $20,000 per year, subject to the availability of funds in the Fund. A client with a dependent child shall receive a maximum of up to $40,000 per year, subject to the availability of funds in the Fund and the discretion of the Director of the Department of Health.
(2) The Director of the Department of Health is authorized to increase the maximum amounts set forth in this subsection to adjust for inflation.
(c) By waiver, approved by the Administrator of APRA, expenditures in excess of the maximum amounts stated in subsection (b) of this section may be authorized where good cause is shown.
(d) Nothing in this chapter shall be construed to create an entitlement to substance abuse treatment during any fiscal year if no funds remain available to the District government under a District or federal appropriation that has been enacted for the specific purpose of providing substance abuse treatment services.
(July 18, 2000, D.C. Law 13-146, § 9, 47 DCR 4350; Aug. 16, 2008, D.C. Law 17-219, § 5031, 55 DCR 7598.)
Effect of Amendments
D.C. Law 17-219 rewrote subsec. (b), which had read as follows: “(b) A client with no dependent children shall receive a maximum of up to $10,000 per year, subject to the availability of funds in the Fund. A client with a dependent child or children shall receive a maximum of up to $25,000 per year, subject to the availability of funds in the Fund.”
Short Title
Short title: Section 5030 of D.C. Law 17-219 provided that subtitle M of title V of the act may be cited as the “Choice in Drug Treatment Maximum Benefit Amendment Act of 2008”.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 30 - Choice in Drug Treatment › § 7–3009. Certification of treatment providers

§ 7–3009. Certification of treatment providers.
(a) In order to participate as a treatment provider in the Program, application shall be made to APRA for certification, the cost of which shall be paid by the treatment provider. Only Program-approved treatment providers shall be eligible to receive payments from the Fund.
(b)(1) Within 60 days after July 18, 2000, APRA shall submit to the Council for a 60-day period of review, excluding Saturdays, Sundays, legal holidays and days of Council recess, the specific criteria to be used in certifying treatment providers. If the Council does not approve or disapprove, in whole or in part, by resolution within the 60-day period of review, the criteria shall be deemed approved.
(2) At a minimum, the criteria shall require a demonstrated success in the rehabilitation services for which the treatment provider seeks certification and the financial viability of the treatment provider to perform the services for which it seeks certification. In addition, APRA may require the treatment provider to post a surety bond of up to $50,000 in order to participate in the Program.
(c) APRA shall make every effort to seek out for certification a diversity of treatment providers who offer rehabilitation services to such targeted populations as African Americans, Latinos, Asians, offenders and ex-offenders, the elderly, persons with custody of minor children, lesbian, gay, bisexual, transgender, and questioning persons, persons with HIV/AIDS, individuals with dual diagnoses, and persons with disabilities.
(d) APRA shall have the authority to revoke or suspend certification in cases of fraud, financial abuse, client abuse, improper clinical practices, improper practices by staff, or for other good cause.
(e) Except as provided in subsection (f) of this section, each treatment provider shall apply for recertification annually.
(f) If, after 2 successive recertifications, a treatment provider is found by APRA to be in substantial compliance with certification standards, annual recertification shall not be required for as long as a treatment provider remains in substantial compliance.
(g) Additional certification of a treatment provider shall be required if the scope of its services changes.
(July 18, 2000, D.C. Law 13-146, § 10, 47 DCR 4350; Apr. 24, 2007, D.C. Law 16-305, § 29(b), 53 DCR 6198; Oct. 22, 2015, D.C. Law 21-36, § 1025, 62 DCR 10905.)
Effect of Amendments
D.C. Law 16-305, in subsec. (c), substituted “persons with disabilities” for “the disabled”.
The 2015 amendment by D.C. Law 21-36 substituted “lesbian, gay, bisexual, transgender, and questioning persons” for “gays, lesbians, bisexuals, transgenders” in (c).
Emergency Legislation
For temporary (90 days) amendment of this section, see § 1025 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 30 - Choice in Drug Treatment › § 7–3010. Quality assurance for treatment providers

§ 7–3010. Quality assurance for treatment providers.
Prior to implementing the Program, APRA shall:
(1) Establish a Quality Assurance Division staffed with personnel to monitor the performance and quality of services of treatment providers;
(2) Train quality assurance staff on the tools and protocols used to effectively monitor treatment providers; and
(3) Develop policies, procedures, and instruments to measure qualitative and quantitative outcomes of treatment services.
(July 18, 2000, D.C. Law 13-146, § 11, 47 DCR 4350.)
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 30 - Choice in Drug Treatment › § 7–3011. Aftercare plan

§ 7–3011. Aftercare plan.
(a) Prior to discharge from the rehabilitation plan, an aftercare plan shall be developed by the treatment provider in consultation with the client. The aftercare plan shall include periodic interviews by the treatment provider with the client within one month, three months, and six months after discharge and include procedures for collecting information about outcomes of care from the client.
(b) APRA shall, at the end of each fiscal year, compile success rates for treatment providers and submit them to the Council by November 1 of each year.
(July 18, 2000, D.C. Law 13-146, § 12, 47 DCR 4350.)
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 30 - Choice in Drug Treatment › § 7–3012. Infrastructure development plan

§ 7–3012. Infrastructure development plan.
Within 180 days after July 18, 2000, APRA shall establish a comprehensive plan to develop the District’s substance abuse treatment and prevention infrastructure. This plan shall be based on a rigorous needs assessment and current service inventory to identify gaps in treatment modalities by geographic location.
(July 18, 2000, D.C. Law 13-146, § 13, 47 DCR 4350.)
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 30 - Choice in Drug Treatment › § 7–3013. Program evaluation

§ 7–3013. Program evaluation.
APRA shall review the success of the Program and perform a comprehensive evaluation of all APRA substance abuse treatment programs and submit its report to the Council by January 15, 2003.
(July 18, 2000, D.C. Law 13-146, § 14, 47 DCR 4350.)
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 30 - Choice in Drug Treatment › § 7–3014. Choice in Drug Treatment Advisory Commission. [Repealed]

§ 7–3014. Choice in Drug Treatment Advisory Commission. [Repealed]
Repealed.
(July 18, 2000, D.C. Law 13-146, § 15, 47 DCR 4350; May 18, 2004, D.C. Law 15-155, § 2, 51 DCR 3389; May 2, 2015, D.C. Law 20-271, § 256, 62 DCR 1884.)
Effect of Amendments
D.C. Law 15-155 rewrote the section.
Emergency Legislation
For temporary (90 days) repeal of this section, see § 256 of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-7, Feb. 26, 2015, 62 DCR 2646, 21 STAT 807).
For temporary (90 days) repeal of this section, see § 256 of the New Columbia Statehood Initiative, Omnibus Boards and Commissions, and Election Transition Reform Emergency Amendment Act of 2014 (D.C. Act 20-481, Nov. 18, 2014, 61 DCR 12133, 20 STAT 4405).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 31 - Substance Abuse Program for Youth › § 7–3102. One-year report

§ 7–3102. One-year report.
The Addiction Prevention and Recovery Administration shall submit a performance report on the program to the Council no later than 30 days after the program has been in operation for one year. The report shall include documentation of the number of youths served, the rate of recidivism of youths served, the average cost of services per youth served, and how the program’s success rate compares to that of similar programs in other jurisdictions.
(Oct. 3, 2001, D.C. Law 14-28, § 4213, 48 DCR 6981.)
Emergency Legislation
For temporary (90 day) addition of section, see § 3813 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 31 - Substance Abuse Program for Youth › § 7–3103. Rules

§ 7–3103. Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this chapter.
(Oct. 3, 2001, D.C. Law 14-28, § 4214, 48 DCR 6981.)
Emergency Legislation
For temporary (90 day) addition of section, see § 3814 of Fiscal Year 2002 Budget Support Emergency Act of 2001 (D.C. Act 14-124, August 3, 2001, 48 DCR 7861).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 32 - Opioid Overdose Treatment and Prevention › Subchapter I - Treatment and Prevention › § 7–3203. Hospital protocols for opioid use disorder

§ 7–3203. Hospital protocols for opioid use disorder.
(a) By October 1, 2019, and annually thereafter, each hospital shall develop protocols governing the identification, treatment, discharge, and referral of patients with opioid use disorder, and submit the protocols to DOH.
(b) By June 1, 2020, and annually thereafter, DOH shall submit an analysis of the sufficiency of each hospital's protocols to the chairperson of the Council committee with jurisdiction over matters related to health.
(Apr. 11, 2019, D.C. Law 22-288, § 103, 66 DCR 1656.)
Emergency Legislation
For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see § 7168 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).
For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see § 7168 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 32 - Opioid Overdose Treatment and Prevention › Subchapter I - Treatment and Prevention › § 7–3204. DOC treatment of inmates with opioid use disorder

§ 7–3204. DOC treatment of inmates with opioid use disorder.
(a) An individual charged with treating DOC inmates for opioid use disorder shall be certified in the treatment of opioid use disorder by the American Society of Addiction Medicine, the American Academy of Addiction Psychiatry, the American Medical Association, the American Osteopathic Association, the American Psychiatric Association, or any other organization that the Director of DOH determines is appropriate. The requirements for certification in the treatment of opioid use disorder may be completed in a classroom setting or through online instruction.
(b) DOC, in consultation with DOH, shall ensure that all opioid use disorder treatment medications are administered to inmates:
(1) In the manner in which the medication was prescribed; and
(2) For the entirety of the time an inmate is in DOC's custody, unless an individual charged with treating DOC inmates for opioid use disorder determines otherwise, in their clinical judgment, based on the specific inmate's treatment plan, or if an inmate is awaiting designation to Federal Bureau of Prisons custody.
(Apr. 11, 2019, D.C. Law 22-288, § 104, 66 DCR 1656.)
Emergency Legislation
For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see § 7168 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).
For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see § 7168 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 32 - Opioid Overdose Treatment and Prevention › Subchapter I - Treatment and Prevention › § 7–3204.01. District government use of opioid antagonists. [Repealed]

§ 7–3204.01. District government use of opioid antagonists. [Repealed]
Repealed.
(Apr. 11, 2019, D.C. Law 22-288, § 104a; as added Mar. 16, 2021, D.C. Law 23-182, § 3(b), 68 DCR 00008; Sept. 6, 2023, D.C. Law 25-50, § 7003, 70 DCR 10366.)
Applicability
Section 7003 of D.C. Law 25-50 repealed §§ 3 and 6 of D.C. Law 23-182 including the applicability provisions impacting this section.
Applicability of D.C. Law 23-182: § 6 of D.C. Law 23-182 provided that the creation of this section by § 3(b) of D.C. Law 23-182 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.
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 32 - Opioid Overdose Treatment and Prevention › Subchapter I - Treatment and Prevention › § 7–3205. Rules

§ 7–3205. Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this subchapter.
(Apr. 11, 2019, D.C. Law 22-288, § 105, 66 DCR 1656.)
Emergency Legislation
For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see § 7168 of Fiscal Year 2020 Budget Support Congressional Review Emergency Act of 2019 (D.C. Act 23-112, Sept. 4, 2019, 66 DCR 11964).
For temporary (90 days) repeal of applicability provision of D.C. Law 22-288, see § 7168 of Fiscal Year 2020 Budget Support Emergency Act of 2019 (D.C. Act 23-91, July 22, 2019, 66 DCR 8497).
2023 District of Columbia Code › Title 7 - Human Health Care and Safety › Chapter 32 - Opioid Overdose Treatment and Prevention › Subchapter II - Opioid Litigation Proceeds › § 7–3214. Rules

§ 7–3214. Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this subchapter.
(Mar. 10, 2023, D.C. Law 24-315, § 104, 70 DCR 838.)
Applicability
Section 8(a) of D.C. Law 25-48 repealed, on a temporary basis, section 301 of D.C. Law 24-315 removing the applicability provision impacting this section. Therefore the creation of this section by section 101 of Law 24-315 has been implemented.
Applicability of D.C. Law 24-315: § 301 of D.C. Law 24-315 provided that the creation of this section by § 104 of D.C. Law 24-315 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.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter I - Air Pollution Control › Part A - General › § 8–101.01. Purpose [Repealed]

§ 8–101.01. Purpose [Repealed]
Repealed.
(July 30, 1968, 82 Stat. 458, Pub. L. 90-440, § 2; Mar. 15, 1985, D.C. Law 5-165, § 2(a), 32 DCR 562.)
Prior Codifications
1981 Ed., §§ 6-901 to 6-903.
Cross References
Acid rain, research and plan, see 42 U.S.C. § 8901 et seq.
Air pollution prevention and control, Clean Air Act, see 42 U.S.C. § 7401 et seq.
Clean Air Act, see 42 U.S.C. § 7401 et seq.
Pollution Prevention Act of 1990, see 42 U.S.C. § 13101 et seq.
Stratospheric Ozone Protection, see 42 U.S.C. § 7671 et seq.
Sulfur dioxide, acid deposition control, air pollution prevention and control, see 42 U.S.C. § 7651 et seq.
Editor's Notes
Due to the codification of Title II of D.C. Law 20-135 as Part B of this subchapter, the existing sections of this chapter were designated as Part A.
Delegation of Authority
Delegation of Authority Pursuant to DC Law 6-100, the “Litter Control Administration Act of 1985;” DC Law 6-42, the “Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985;” DC Law 5-165, the “DC Air Pollution Control Act of 1984;” DC Law 13-172, the “Rodent Control Act of 2000;” and DC Law 6-126, the “Construction Codes Approval and Amendments Act of 1986”, see Mayor’s Order 2002-5, February 1, 2002 ( 49 DCR 911).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter I - Air Pollution Control › Part A - General › § 8–101.02. Emission and air control standards [Repealed]

§ 8–101.02. Emission and air control standards [Repealed]
Repealed.
(July 30, 1968, 82 Stat. 458, Pub. L. 90-440, § 3; Mar. 3, 1979, D.C. Law 2-133, § 3, 25 DCR 3490; Mar. 15, 1985, D.C. Law 5-165, § 2(a), 32 DCR 562.)
Prior Codifications
1981 Ed., §§ 6-901 to 6-903.
Cross References
Acid rain, research and plan, see 42 U.S.C. § 8901 et seq.
Air pollution prevention and control, Clean Air Act, see 42 U.S.C. § 7401 et seq.
Clean Air Act, see 42 U.S.C. § 7401 et seq.
Pollution Prevention Act of 1990, see 42 U.S.C. § 13101 et seq.
Stratospheric Ozone Protection, see 42 U.S.C. § 7671 et seq.
Sulfur dioxide, acid deposition control, air pollution prevention and control, see 42 U.S.C. § 7651 et seq.
Editor's Notes
Due to the codification of Title II of D.C. Law 20-135 as Part B of this subchapter, the existing sections of this chapter were designated as Part A.
Delegation of Authority
Delegation of Authority Pursuant to DC Law 6-100, the “Litter Control Administration Act of 1985;” DC Law 6-42, the “Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985;” DC Law 5-165, the “DC Air Pollution Control Act of 1984;” DC Law 13-172, the “Rodent Control Act of 2000;” and DC Law 6-126, the “Construction Codes Approval and Amendments Act of 1986”, see Mayor’s Order 2002-5, February 1, 2002 ( 49 DCR 911).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter I - Air Pollution Control › Part A - General › § 8–101.03. Air pollution control program; administration of subchapter [Repealed]

§ 8–101.03. Air pollution control program; administration of subchapter [Repealed]
Repealed.
(July 30, 1968, 82 Stat. 459, Pub. L. 90-440, § 4; Mar. 15, 1985, D.C. Law 5-165, § 2(a), 32 DCR 562.)
Prior Codifications
1981 Ed., §§ 6-901 to 6-903.
Cross References
Acid rain, research and plan, see 42 U.S.C. § 8901 et seq.
Air pollution prevention and control, Clean Air Act, see 42 U.S.C. § 7401 et seq.
Clean Air Act, see 42 U.S.C. § 7401 et seq.
Pollution Prevention Act of 1990, see 42 U.S.C. § 13101 et seq.
Stratospheric Ozone Protection, see 42 U.S.C. § 7671 et seq.
Sulfur dioxide, acid deposition control, air pollution prevention and control, see 42 U.S.C. § 7651 et seq.
Editor's Notes
Due to the codification of Title II of D.C. Law 20-135 as Part B of this subchapter, the existing sections of this chapter were designated as Part A.
Delegation of Authority
Delegation of Authority Pursuant to DC Law 6-100, the “Litter Control Administration Act of 1985;” DC Law 6-42, the “Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985;” DC Law 5-165, the “DC Air Pollution Control Act of 1984;” DC Law 13-172, the “Rodent Control Act of 2000;” and DC Law 6-126, the “Construction Codes Approval and Amendments Act of 1986”, see Mayor’s Order 2002-5, February 1, 2002 ( 49 DCR 911).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter I - Air Pollution Control › Part A - General › § 8–101.04. Testing of Solid Waste Reduction Center Number 1 for compliance with certain emission standards; submission of test results and reports to Council. [Repealed]

§ 8–101.04. Testing of Solid Waste Reduction Center Number 1 for compliance with certain emission standards; submission of test results and reports to Council. [Repealed]
Repealed.
(Mar. 15, 1985, D.C. Law 5-165, § 4, 32 DCR 562; Sept. 9, 2014, D.C. Law 20-135, § 401, 61 DCR 6767.)
Prior Codifications
1981 Ed., § 6-904.
Cross References
Acid rain, research and plan, see 42 U.S.C. § 8901 et seq.
Air pollution prevention and control, Clean Air Act, see 42 U.S.C. § 7401 et seq.
Clean Air Act, see 42 U.S.C. § 7401 et seq.
Pollution Prevention Act of 1990, see 42 U.S.C. § 13101 et seq.
Stratospheric Ozone Protection, see 42 U.S.C. § 7671 et seq.
Sulfur dioxide, acid deposition control, air pollution prevention and control, see 42 U.S.C. § 7651 et seq.
Emergency Legislation
For temporary amendment of section, see § 2 of the Air Pollution Control Emergency Amendment Act of 1996 (D.C. Act 11-450, December 5, 1996, 43 DCR 6682), and § 2 of the Air Pollution Control Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-16, March 3, 1997, 44 DCR 1754).
Temporary Legislation
For temporary (225 day) amendment of section, see § 2 of Air Pollution Control Temporary Amendment Act of 1996 (D.C. Law 11-256, April 9, 1997, law notification 44 DCR 2614).
Editor's Notes
Air quality control regulations: D.C. Law 5-165, § 3, the “District of Columbia Air Pollution Control Act of 1984”, enacted the air quality control regulations of the District of Columbia as Title 20 of the District of Columbia Municipal Regulations (20 DCMR Chapters 1-9).
Delegation of Authority
Delegation of authority under D.C. Law 5-165, the District of Columbia Air Pollution Control Act of 1984, see Mayor’s Order 93-12, February 16, 1993.
Delegation of authority pursuant to D.C. Law 5-165, the “D.C. Air Pollution Control Act of 1984”, see Mayor’s Order 98-44, April
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter I - Air Pollution Control › Part A - General › § 8–101.05a. Inspection; right of entry

§ 8–101.05a. Inspection; right of entry.
(a) Upon the presentation of appropriate credentials to the owner, agent in charge, or tenant, the Mayor shall have the right, subject to subsection (c) of this section, to enter a premises or inspect an activity reasonably believed to be subject to this part to determine compliance with this part or a regulation promulgated pursuant to this part. The right of entry shall be for the following purposes:
(1) Inspection, including the right to inspect and copy records related to compliance with this part and regulations promulgated pursuant to this part;
(2) Observation;
(3) Measurement;
(4) Sampling;
(5) Testing; and
(6) Collection of evidence.
(b) The Mayor may:
(1) Investigate and take testimony under oath regarding any report of noncompliance with a federal or District law or regulation applicable to air pollution control;
(2) Require a person or entity subject to this part or a regulation promulgated pursuant to this part, or who the Mayor reasonably believes may have information necessary to carry out the purposes of this part, on a one-time, periodic, or continuous basis to:
(A) Establish, maintain, and submit records and reports;
(B) Install, use, and maintain monitoring equipment, and use audit procedures, or methods;
(C) Sample emissions in accordance with such procedures or methods, at such locations, at such intervals, during such periods and in such manner as the Mayor shall prescribe;
(D) Keep records on control equipment parameters, production variables, or other indirect data, as appropriate;
(E) Submit compliance certifications; and
(F) Provide other information as the Mayor may require.
(c) If the Mayor is denied access to enter or inspect the premises in accordance with this section, the Mayor may apply to the Superior Court of the District of Columbia, pursuant to § 11-941, or the Office of Administrative Hearings, pursuant to § 2-1831.09(b)(12), for a search warrant. An owner's denial of access to conduct an inspection in accordance with this section shall constitute a violation of this section, and the owner shall be subject to the civil and administrative penalties imposed by § 8-101.05c and the criminal penalties imposed by § 8-101.05d.
(d) The Mayor may require reimbursement of costs for services, including inspections, sample collection, document review, or other reasonable costs or fees incurred in implementing this part or a regulation promulgated pursuant to this part.
(Mar. 15, 1985, D.C. Law 5-165, § 5a; as added Sept. 9, 2014, D.C. Law 20-135, § 101(b), 61 DCR 6767; Oct. 8, 2016, D.C. Law 21-160, § 6012(b), 63 DCR 10775.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter I - Air Pollution Control › Part A - General › § 8–101.05b. Violations

§ 8–101.05b. Violations.
Each day of a violation of or failure to comply with this part or a regulation promulgated pursuant to this part shall constitute a separate offense, and the penalties set forth in §§  8-101.05c, 8-101.05d, 8-101.05e, and 8-101.05f shall be applicable to each separate offense.
(Mar. 15, 1985, D.C. Law 5-165, § 5b; as added Sept. 9, 2014, D.C. Law 20-135, § 101(b), 61 DCR 6767.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter I - Air Pollution Control › Part A - General › § 8–101.05c. Civil penalties

§ 8–101.05c. Civil penalties.
(a) A person who violates this part or a regulation promulgated pursuant to this part shall be civilly liable and shall be subject to a civil penalty of no more than $37,500 per day per offense. The Mayor may adjust this civil penalty by rulemaking to account for inflation and shall adjust this civil penalty by rulemaking to meet or exceed the civil penalty authorized for violations pertaining to the Clean Air Act, approved July 14, 1955 (77 Stat. 392; 42 U.S.C. § 7401 et seq.).
(b) The Mayor may impose civil infraction penalties, fines, and fees as alternative sanctions for any violation of this part or a regulation promulgated pursuant to this part, pursuant to the procedures of Chapter 18 of Title 2 [§ 2-1801.01 et seq.].
(Mar. 15, 1985, D.C. Law 5-165, § 5c; as added Sept. 9, 2014, D.C. Law 20-135, § 101(b), 61 DCR 6767.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter I - Air Pollution Control › Part A - General › § 8–101.05d. Criminal penalties

§ 8–101.05d. Criminal penalties.
A person who willfully or recklessly violates this part or a regulation promulgated pursuant to this part shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed $25,000 per offense per day, imprisonment not to exceed one year, or both. The fines set forth in this section shall not be limited by §  22-3571.01.
(Mar. 15, 1985, D.C. Law 5-165, § 5d; as added Sept. 9, 2014, D.C. Law 20-135, § 101(b), 61 DCR 6767.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter I - Air Pollution Control › Part A - General › § 8–101.05e. False statements

§ 8–101.05e. False statements.
A person who knowingly makes a false statement in an application, record, report, plan, or other document submitted or maintained under this part shall be guilty of a misdemeanor, and subject to a fine not to exceed $10,000, imprisonment not to exceed 6 months, or both. The fines set forth in this section shall not be limited by § 22-3571.01.
(Mar. 15, 1985, D.C. Law 5-165, § 5e; as added Sept. 9, 2014, D.C. Law 20-135, § 101(b), 61 DCR 6767.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter I - Air Pollution Control › Part A - General › § 8–101.05f. Other sanctions

§ 8–101.05f. Other sanctions.
In addition to, or in lieu of, a civil or criminal penalty or fee:
(1) The Mayor may modify, suspend, revoke, or deny a permit or certification issued by the District for failure to comply with this part or a regulation promulgated pursuant to this part, after notice and opportunity for a hearing pursuant to § 8-101.05h; and
(2) The Attorney General for the District of Columbia may commence appropriate civil action in the Superior Court of the District of Columbia or any other court of competent jurisdiction for damages, cost recovery, reasonable attorney and expert witness fees, and injunctive or other appropriate relief to enforce compliance with this part or the regulations adopted pursuant to this part.
(Mar. 15, 1985, D.C. Law 5-165, § 5f; as added Sept. 9, 2014, D.C. Law 20-135, § 101(b), 61 DCR 6767.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter I - Air Pollution Control › Part A - General › § 8–101.05g. Orders

§ 8–101.05g. Orders.
(a) If the Mayor determines that a hazardous condition exists that may endanger the health or safety of the residents or property, or the environment in the District due to a person’s noncompliance with this part or a regulation promulgated pursuant to this part, the Mayor may issue a cease and desist order requiring the person to cease operations immediately or to otherwise cease noncompliance with this part or a regulation promulgated pursuant to this part.
(b) If the Mayor has reason to believe that there has been a violation of this part or a regulation promulgated pursuant to this part, the Mayor may issue a compliance order requiring a violator to take action to come into compliance with this part or a regulation promulgated pursuant to this part and to take such measures as may be necessary to remedy a hazardous condition.
(Mar. 15, 1985, D.C. Law 5-165, § 5g; as added Sept. 9, 2014, D.C. Law 20-135, § 101(b), 61 DCR 6767.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter I - Air Pollution Control › Part A - General › § 8–101.05h. Administrative appeals

§ 8–101.05h. Administrative appeals.
(a) A person aggrieved by an action of the Mayor taken pursuant to this part or a regulation promulgated pursuant to this part may appeal the action of the Mayor to the Office of Administrative Hearings, pursuant to § 2-1831.03(a). The Office of Administrative Hearings shall provide a de novo hearing and shall determine whether the Mayor’s action was legally proper.
(b) An appeal shall be filed within 15 days after the adverse action of the Mayor or within 20 days if notice of the adverse action is served by United States mail or commercial carrier.
(c) A person subject to an order issued pursuant to § 8-101.05g shall comply with the order pending appeal.
(Mar. 15, 1985, D.C. Law 5-165, § 5h; as added Sept. 9, 2014, D.C. Law 20-135, § 101(b), 61 DCR 6767.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter I - Air Pollution Control › Part A - General › § 8–101.05i. Air Quality Construction Permits Fund

§ 8–101.05i. Air Quality Construction Permits Fund.
(a) There is established as a special fund the Air Quality Construction Permits Fund ("Fund"), which shall be administered by the Director of the Department of Energy and Environment in accordance with subsection (c) of this section.
(b) Revenue from the following sources shall be deposited in the Fund:
(1) Fees collected pursuant to this part; and
(2) Revenue generated from the enforcement of this part.
(c) Money in the Fund shall be used to support and administer the air quality programs of the Department of Energy and Environment.
(d)(1) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
(Mar. 15, 1985, D.C. Law 5-165, § 5i; as added Dec. 13, 2017, D.C. Law 22-33, § 6032, 64 DCR 7652.)
Emergency Legislation
For temporary (90-day) creation of this section, see § 6032 of the Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).
For temporary (90-day) creation of this section, see § 6032 of the Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter I - Air Pollution Control › Part A - General › § 8–101.06. Rules

§ 8–101.06. Rules.
(a) The Mayor may issue or amend any rule needed to comply with the requirements of federal laws and regulations in implementing the District’s comprehensive air pollution control program.
(b) Repealed.
(c) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this part, including establishing fines, permit fees, and other fees necessary to support the implementation of this part.
(Mar. 15, 1985, D.C. Law 5-165, § 6, 32 DCR 562; Apr. 26, 1994, D.C. Law 10-106, § 5, 41 DCR 1014; May 16, 1995, D.C. Law 11-15, § 2, 42 DCR 1392; Apr. 9, 1997, D.C. Law 11-255, § 58, 44 DCR 1271; Oct. 8, 2016, D.C. Law 21-160, § 6012(c), 63 DCR 10775.)
Prior Codifications
1981 Ed., § 6-906.
Emergency Legislation
For temporary amendment of section, see § 3 of the Air Pollution Control Act of 1984 National Ambient Air Quality Standards Attainment Emergency Amendment Act of 1992 (D.C. Act 9-390, January 6, 1993, 40 DCR 683).
Temporary Legislation
For temporary (225 day) amendment of section, see § 3 of Air Pollution Control Act of 1984 National Ambient Air Quality Standards Attainment Temporary Amendment Act of 1992 (D.C. Law 9-262, March 27, 1993, law notification 40 DCR 2332).
Editor's Notes
Application of 10-106: Section 6(b) of D.C. Law 10-106 provided that § 5 of the act shall apply as of September 30, 1993.
District of Columbia Air Pollution Control Act of 1984 Proposed Rulemaking Approval Resolution of 1998: Pursuant to Resolution 12-(PR12-693), effective June 19, 1998, the Council approved the proposed rulemaking to amend Chapters 1 through 5 and Chapters 7 and 8 of Title 20 (Environment) DCMR, issued pursuant to the “District of Columbia Air Pollution Control Act of 1984”.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 5-165, District of Columbia Air Pollution Control Act of 1984, see Mayor’s Order 88-62, March 15, 1988.
Resolutions
Resolution 14-106, the “Air Quality Regulations Amendment Emergency Approval Resolution of 2001”, was approved effective May 1,
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter I - Air Pollution Control › Part B - Demand Response Electrical Generating Sources › § 8–101.11. Definitions

§ 8–101.11. Definitions.
For the purposes of this part, the term:
(1) “Best available control technology” or “BACT” means the pollution control standard as determined by the Director consistent with, but no less stringent than, 42 U.S.C. §  7479(3).
(2) “Demand response generating source” means a stationary generator subject to an agreement or obligation to provide power in response to power grid needs, economic signals from competitive wholesale electric markets, or special retail rates. The term “demand response generating source” shall not include a generator that derives its energy from an energy source that qualifies as a tier one renewable source under Chapter 14A of Title 34 [§  34-1431 et seq.].
(3) “Director” means the Director of the District Department of the Environment.
(Sept. 9, 2014, D.C. Law 20-135, § 201, 61 DCR 6767.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter I - Air Pollution Control › Part B - Demand Response Electrical Generating Sources › § 8–101.12. Disclosure

§ 8–101.12. Disclosure.
A person who owns or operates an internal combustion engine as a demand response generating source shall track and submit an annual report disclosing the total number of hours, including the dates and times, that the source operated during the preceding year, and the total number of hours, including the dates and times, that the source operated as a demand response generating source during the preceding year, as well as any additional information the Director requires. The report shall be submitted to the District Department of the Environment by March 1, 2015, and annually on March 1 thereafter.
(Sept. 9, 2014, D.C. Law 20-135, § 202, 61 DCR 6767.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter I - Air Pollution Control › Part B - Demand Response Electrical Generating Sources › § 8–101.13. Limitation on the use of a generator as a demand response generating source

§ 8–101.13. Limitation on the use of a generator as a demand response generating source.
(a) No person shall construct or operate an internal combustion engine as a demand response generating source unless the source implements, at a minimum, current best available control technology in accordance with a permit issued by the Director.
(b) A demand response generating source shall not be classified or permitted as an emergency generator.
(c) Nothing in this part shall prevent the Director from denying an application for or renewal of a permit for a demand response generating source to protect air quality or to encourage energy efficiency or conservation-based demand response in the District.
(d) A person found by the Director to be in violation of this section shall be subject to the civil penalties available under §  8-101.05c.
(Sept. 9, 2014, D.C. Law 20-135, § 203, 61 DCR 6767.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter I - Air Pollution Control › Part B - Demand Response Electrical Generating Sources › § 8–101.14. Rules; fees

§ 8–101.14. Rules; fees.
(a) The Mayor, pursuant to Chapter 5 of Title 2 [§  2-501 et seq.], may issue rules to implement the provisions of this part, including establishing permit fees and other fees necessary to support the implementation of this part.
(b) The Mayor may require reimbursement of costs for services, including inspections, sample collection, document review, or other reasonable costs or fees incurred in implementing this part or a regulation promulgated pursuant to this part.
(Sept. 9, 2014, D.C. Law 20-135, § 204, 61 DCR 6767.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter I-A - Anacostia River Clean Up and Protection › § 8–102.01. Definitions

§ 8–102.01. Definitions.
For the purposes of this subchapter, the term:
(1) “Disposable carryout bag” means a bag of any material, commonly plastic or kraft paper, which is provided to a consumer at the point of sale to carry purchases. The term “disposable carryout bag” shall not include:
(A) Bags used by consumers inside stores to:
(i) Package bulk items, such as fruit, vegetables, nuts, grains, candy, or small hardware items;
(ii) Contain or wrap frozen foods, meat, or fish, whether prepackaged or not;
(iii) Contain or wrap flowers, potted plants, or other items where dampness may be a problem; and
(iv) Contain unwrapped prepared foods or bakery goods;
(B) Bags provided by pharmacists to contain prescription drugs;
(C) Newspaper bags, door-hanger bags, laundry-dry cleaning bags, or bags sold in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags;
(D) Paper carryout bags that restaurants, as defined in § 47-2827(e)(2), provide to customers to take food away from the retail establishment;
(E) Reusable carryout bags; or
(F) Bags provided to the consumer, as required by § 25-113(b)(5)(C), for the purpose of transporting a partially consumed bottle of wine.
(2) “Fund” means the Anacostia River Clean Up and Protection Fund established by § 8-102.05(a).
(3) “Retail establishment” means any licensee under a Public Health: Food Establishment Retail endorsement to a basic business license under Chapter 28 of Title 47 or under an off-premises retailer’s license, class A or B, pursuant to § 25-112.
(4) “Reusable carryout bag” means a bag with handles that is specifically designed and manufactured for multiple reuse and is made of cloth, fiber, other machine washable fabric, or durable plastic that is at least 2.25 millimeters thick.
(Sept. 23, 2009, D.C. Law 18-55, § 2, 56 DCR 5703.)
Section References
This section is referenced in § 8-103.09b and § 8-104.06.
Emergency Legislation
For temporary (90 day) amendment of section 10 of D.C. Law 18-55, see § 2 of Anacostia River Clean Up and Protection Clarification Emergency Act of 2009 (D.C. Act 18-282, January 11, 2010, 57 DCR 950).
Temporary Legislation
Section 2 of D.C. Law 18-140 amended section 10 of D.C. Law 18-55 to read as follows: “Sec. 10. Applicability. ”Sections 2 and 4 through 6 shall apply as of January 1, 2010. Section 3 shall apply as of April 1, 2010.“.
Section 4(b) of D.C. Law 18-140 provided that the act shall expire after 225 days of its having taken effect.
Editor's Notes
Section 10 of D.C. Law 18-55 provided: “Sec. 10. Applicability. Sections 2 through 6 shall apply as of January 1, 2010.”
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter I-A - Anacostia River Clean Up and Protection › § 8–102.02. Requirements for disposable carryout bags made available to customers by retail establishments

§ 8–102.02. Requirements for disposable carryout bags made available to customers by retail establishments.
(a) Disposable carryout bags made of plastic that cannot be recycled shall not be sold or distributed, retail or wholesale, in the District.
(b) Disposable carryout bags made of paper shall:
(1) Be 100% recyclable;
(2) Contain a minimum of 40% post-consumer recycled content; and
(3) Display the phrase “Please Recycle This Bag”, or a substantially similar phrase, in a highly visible manner on the bag exterior.
(c) Disposable carryout bags made of plastic shall:
(1) Be 100% recyclable; and
(2) Be made of high-density polyethylene film marked with the SPI resin identification code 2 or low-density polyethylene film marked with the SPI resin identification code 4.
(3) Repealed.
(d) Violation of the requirements set forth in this section shall subject the retail establishment to the penalties set forth in § 8-102.04.
(Sept. 23, 2009, D.C. Law 18-55, § 3, 56 DCR 5703; Oct. 8, 2016, D.C. Law 21-160, § 6033, 63 DCR 10775.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter I-A - Anacostia River Clean Up and Protection › § 8–102.04. Rules; enforcement and penalties for violation

§ 8–102.04. Rules; enforcement and penalties for violation.
(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this subchapter within 90 days after September 23, 2009.
(b)(1) If the Mayor determines that a violation has occurred, the retail establishment shall be liable for the fees under § 8-102.03(a) and the Mayor shall impose a penalty on the retail establishment. The penalty shall be a class 4 infraction under the Schedule of Fines in section 3201 of Title 16 of the District of Columbia Municipal Regulations (16 DCMR § 3201), pursuant to Chapter 18 of Title 2 [§ 2-1801.01 et seq.]. Adjudication of any infraction shall be pursuant to Chapter 18 of Title 2 [§ 2-1801.01 et seq.].
(2) No more than one penalty shall be imposed upon a retail establishment within a 7-day period.
(c) If payment of any amounts due under this section is not received on or before the due date, a penalty shall be added as the Mayor provides by rule.
(d) Revenues collected through citations for violation of this subchapter shall be used only for enforcement costs, including hiring inspectors and other staff, and administrative costs associated with enforcement of this subchapter.
(Sept. 23, 2009, D.C. Law 18-55, § 5, 56 DCR 5703; Sept. 14, 2011, D.C. Law 19-21, § 6032(b), 58 DCR 6226; Oct. 23, 2012, D.C. Law 19-188, § 2(a), 59 DCR 10151.)
Section References
This section is referenced in § 8-102.02.
Effect of Amendments
D.C. Law 19-21, in subsec. (b)(2)(A), substituted “warning” for “warning in a calendar year”; and, in subsecs. (b)(2)(B) and (C), substituted “violation” for “violation in the same calendar year”.
The 2012 amendment by D.C. Law 19-188 rewrote (b).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 1 - Environmental Controls › Subchapter I-A - Anacostia River Clean Up and Protection › § 8–102.06. Public information and outreach campaigns

§ 8–102.06. Public information and outreach campaigns.
Beginning on or before October 1, 2009, the District Department of the Environment shall:
(1) Conduct an intensive public information campaign aimed at educating the public on the importance of reducing the number of disposable carryout bags entering the waste stream and the impact of disposable carryout bags on the rivers, tributaries, and environmental health of the District; and
(2) Conduct an outreach campaign that includes:
(A) A public-private partnership to provide reusable carryout bags to District residents; and
(B) Working with service providers that assist seniors and low-income residents to distribute information and multiple reusable carryout bags to low-income households.
(Sept. 23, 2009, D.C. Law 18-55, § 7, 56 DCR 5703.)