District of Columbia Administrative Code

3803 BENEFITS 3803.1 Benefits for LPRAP will be provided in accordance with Section 6019b of the Act (D.C. Official Code § 34-2159). 3803.2 For purposes of providing LPRAP benefits in accordance with Section 6019b of the Act (D.C. Official Code § 34-2159), a District residential …

3804 DENIAL, REDUCTION, OR REVOCATION OF BENEFITS 3804.1 If an applicant is determined ineligible for LPRAP, the Department will provide to the applicant notice of ineligibility, to include: (a) A statement of the determination of ineligibility and an explanation of that determin…

3805 ADMINISTRATIVE APPEALS 3805.1 With respect to a matter governed by §§ 3801 to 3804 of this chapter, an applicant adversely affected or aggrieved by an action of the Department may file a written appeal to the Director of the Department, or the Director’s designee, stating th…

3899 DEFINITIONS 3899.1 When used in this chapter, the following words and phrases shall have the meanings ascribed: Act – the Lead Service Line Priority Replacement Assistance Act of 2004, effective March 13, 2019 (D.C. Law 22-241; D.C. Official Code § 34-2159). Authorizing Auth…

3900 REQUIREMENTS FOR BATTERY STEWARDSHIP ORGANIZATIONS 3900.1 A battery stewardship organization (BSO) shall: (a) On or before January 1, 2023, submit a proposed battery stewardship plan that meets the requirements of § 3902.1; (b) Fully implement the plan, and any amendment to …

3901 REQUIREMENTS FOR PRODUCERS 3901.1 A producer of a covered battery or covered battery-containing product sold or offered for sale in the District of Columbia, including retail, wholesale, business-to-business, and online sales, shall: (a) Be a member of a BSO; and (b) As part…

3902 BATTERY STEWARDSHIP PLAN 3902.1 A proposed battery stewardship plan shall include: (a) A list of producers and brands, including: (1) The name of each BSO member and the name, mailing address, phone number, and email address of a contact for each BSO member; (2) The brands o…

3903 ANNUAL REPORTING 3903.1 A BSO shall submit an annual report to DOEE on or before June 1 each year starting in 2024. 3903.2 The annual report shall cover the previous calendar year, except where § 3903.3 specifies a different time period. 3903.3 The annual report shall includ…

3904 CALCULATION OF WEIGHT 3904.1 In estimating weight under §§ 3900.1(h), 3902.1(c)(5), and 3903.3(f), the BSO shall calculate weight by one (1) of the following methods: (a) Using District sales data; or (b) Multiplying the weight sold nationally by the quotient of the District…

3905 RECORDKEEPING 3905.1 A BSO shall maintain, for three (3) years, records used to: (a) Document exemptions under § 3901.2; (b) Prepare battery stewardship plans pursuant to § 3902; (c) Prepare annual registration forms pursuant to § 3900.1(e); and (d) Prepare annual reports pu…

3906 ENFORCEMENT 3906.1 DOEE may enforce the requirements of the Act or this chapter by issuing one or more of the following: (a) Notice of violation; or (b) Notice of infraction. 3906.2 DOEE may issue a notice of infraction without first issuing a notice of violation. 3906.3 A p…

3907 ADMINISTRATIVE FEE 3907.1 On or before May 1, 2023, and annually thereafter, a BSO implementing an approved battery stewardship plan shall pay a fee of forty thousand dollars ($40,000). 3907.2 After May 1, 2023, DOEE shall annually adjust the fee in § 3907.1 for inflation, u…

3999 DEFINITIONS 3999.1 When used in this chapter, the following words or phrases shall have the meaning described below (some of the definitions were codified in the Act, indicated as [Statutory], and are reprinted below for regulatory efficiency): Act – Section 2(q) of the Zero…

400 AIR POLLUTION REPORTING INDEX 400.1 The Mayor shall establish a simplified, daily, public reporting index of air pollution levels in the District of Columbia. This index shall indicate the levels of pollutant about which he or she determines the public should be informed. The…

401 EMERGENCY PROCEDURES 401.1 The Mayor shall amend as necessary the Emergency Episode Plan containing the procedures necessary to enable him or her, acting alone or with the air pollution control agencies of the surrounding jurisdictions, to deal effectively with an air polluti…

402 CHEMICAL ACCIDENT PREVENTION 402.1 The requirements of 40 CFR part 68, as in effect on September 30, 1997, are hereby adopted by reference for purposes of preventing, detecting and responding to accidental chemical releases to the air, pursuant to the requirements of § 112(r)…

499 DEFINITIONS AND ABBREVIATIONS 499.1 The meanings ascribed to the definitions and abbreviations appearing in §§ 199.1 and 199.2 respectively of Chapter 1 shall apply to the terms and abbreviations in this chapter. AUTHORITY: DC-DCMR Unless otherwise noted, the authority for th…

4000 PURPOSE 4000.1 The purpose of this chapter is to implement the Paint Stewardship Act of 2014 (D.C. Law 20-205; D.C. Official Code §§ 8-233.01 et seq.) to create a producer responsibility program for paint in the District. SOURCE: Final Rulemaking published at 63 DCR 9657 (Ju…

4001 PRODUCER PAINT STEWARDSHIP PLAN 4001.1 By April 1, 2016, a producer of paint sold at retail in the District, or a representative organization in which the producer is a member, shall submit a paint stewardship plan for the establishment of a paint stewardship program to the …

4002 ANNUAL REPORTING REQUIREMENTS 4002.1 On or before October 1, 2017, and annually thereafter, a producer or representative organization shall submit to the Department a paint stewardship program report for the previous calendar year that, in addition to the requirements outlin…

4003 COLLECTION OF POSTCONSUMER PAINT 4003.1 Postconsumer paint may be accepted at any collection location if all of the following conditions are met: (a) The collection location operates pursuant to a contract with a producer or representative organization that has submitted a p…

4004 ENFORCEMENT 4004.1 Violation of any of the requirements of this chapter or the Paint Stewardship Act of 2014 (D.C. Law 20-205; D.C. Official Code §§ 8-233.01 et seq.), shall subject a person to the penalties set forth in this section. 4004.2 The Department may enforce a viol…

4005 ADMINISTRATIVE APPEALS AND JUDICIAL REVIEW 4005.1 A person adversely affected by an enforcement action of the Department shall exhaust administrative remedies by timely filing an administrative appeal with, and requesting a hearing before, the Office of Administrative Hearin…

4006 FEES 4006.1 On or before December 31, 2016, a producer or representative organization shall pay an initial fee of fifty thousand dollars ($50,000) for submission of a proposed paint stewardship plan. 4006.2 On or before December 31, 2017 and annually thereafter, a producer o…

4099 DEFINITIONS 4099.1 When used in this chapter, the following terms shall have the meanings ascribed (some of the definitions were codified in the Act, indicated as [Statutory], and are reprinted below for regulatory efficiency): Act - the Paint Stewardship Act of 2014, effect…

4100 REQUIREMENTS FOR ELECTRONIC MANUFACTURERS 4100.1 The rules in this chapter apply to manufacturers, partnerships, and representative organizations, as defined in § 4199.1. 4100.2 A manufacturer that sells less than one hundred (100) covered electronic equipment units in the D…

4101 ELECTRONIC MANUFACTURER RECORDKEEPING 4101.1 Manufacturers shall maintain records used to prepare annual applications for registration, pursuant to D.C. Official Code § 8-1041.03(b), or exemption, pursuant to § 4100.2, for three (3) years. 4101.2 The Department may inspect, …

4102 REGISTRATION AND SHORTFALL FEES 4102.1 Manufacturers, representative organizations, and partnership organizations shall include the following registration fee when submitting an annual registration application: (a) For an individual manufacturer that sold at least one hundre…

4103 ENFORCEMENT 4103.1 Violation of any of the requirements of this chapter or the Act shall subject a person to the penalties set forth in Title 16 (Consumers, Commercial Practices, and Civil Infractions), Chapter 40 of the District of Columbia Municipal Regulations. 4103.2 The…

4104 [REPEALED] SOURCE: Final Rulemaking published at 63 DCR 14119 (November 18, 2016); as amended by Final Rulemaking published at 70 DCR 015857 (December 15, 2023). District of Columbia Municipal Regulations Environment 20 DCMR § 4104 AUTHORITY: DC-DCMR Sustainable Solid Waste …

4105 MODIFICATION OF REGISTRATION APPLICATIONS 4105.1 A manufacturer or its partnership or representative organization may request a modification in an approved application. 4105.2 A request to modify an approved application shall be submitted by mail or electronic mail. 4105.3 T…

4199 DEFINITIONS 4199.1 The following words or phrases shall have the meaning as described (some of the definitions were codified in the Act, indicated as [Statutory], and are reprinted below for regulatory efficiency): Act - Title I, Subtitle B of the Sustainable Solid Waste Man…

4200 PURPOSE AND APPLICABILITY 4200.1 The District of Columbia Department of Energy and Environment (Department) adopts the Hazardous Waste Management Regulations, 20 DCMR chapters 42 and 43, to carry out: (a) The District of Columbia Hazardous Waste Management Act of 1977, D.C. …

4201 RULES OF INTERPRETATION FOR FEDERAL REGULATIONS INCORPORATED BY REFERENCE 4201.1 The Department’s Hazardous Waste Management Regulations incorporate by reference the federal Resource Conservation and Recovery Act regulations in 40 CFR Parts 260 through 266, 268, 270, 273, an…

4202 PROHIBITIONS SPECIFIC TO THE DISTRICT OF COLUMBIA 4202.1 Except as provided in § 4202.4, the prohibitions in this section supersede any provision to the contrary in the RCRA regulations. 4202.2 No person may dispose of, or permit or cause the disposal of, any hazardous waste…

4203 DISTRICT-ONLY HAZARDOUS WASTES 4203.1 The Department may, in accordance with the criteria in 40 CFR § 261.11, through rulemaking, list a solid waste as a District-only hazardous waste upon determining that the solid waste is a hazardous waste. 4203.2 The Department may, thro…

4204 PROCEDURES FOR PROVIDING NOTIFICATION OF REGULATED WASTE ACTIVITY AND OBTAINING AN EPA IDENTIFICATION NUMBER 4204.1 Except as provided in § 4204.2, each person required by this chapter to comply with the notification requirements of 42 USC § 6930, and to obtain an EPA identi…

4205 EMERGENCY AND RELEASE NOTIFICATION 4205.1 Notwithstanding any provision in the RCRA regulations to the contrary, whenever the RCRA regulations require that telephonic emergency or release notification be given to EPA, the U.S. Department of Transportation (USDOT), the Nation…

4206 RECORD-RETENTION AND REPORTING REQUIREMENTS 4206.1 Each generator of hazardous waste or used oil handler shall keep on-site all records required to be kept under chapters 42 and 43 of this title. 4206.2 Whenever the RCRA regulations in 40 CFR Parts 124, 260 through 266, 268,…

4207 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4208 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4209 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4210 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4211 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4212 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4213 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4214 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4215 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4216 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…