District of Columbia Administrative Code

PURPOSE The purpose of this chapter is to implement the provisions of the Anacostia River Clean Up and Protection Act of 2009, effective September 23, 2009 (D.C. Law 18-55; D.C. Official Code § 2-1226.51 et seq.). Source: Final Rulemaking published at 57 DCR 7208 (August 13, 2010…

DISPOSABLE CARRYOUT BAG FEE REQUIREMENT Except as provided in Section 1006, a retail establishment shall charge each customer making a purchase from the establishment a fee of five cents ($0.05) for each disposable carryout bag provided to the customer with the purchase. The fee …

DISPOSABLE CARRYOUT BAG MATERIAL AND LABELING REQUIREMENTS 1002.1 Each disposable carryout bag provided by a retail establishment shall meet the following requirements: (a) All paper and plastic disposable carryout bags provided shall be one hundred percent (100%) recyclable; (b)…

RETAIL ESTABLISHMENTS SUBJECT TO CARRYOUT BAG REQUIREMENTS For the purposes of this chapter, the term “retail establishment” means: (a) Any business required to have a Public Health: Food Establishment Retail endorsement to a basic business license pursuant to D.C. Official Code …

APPLICATION OF CARRYOUT BAG REQUIREMENTS TO RETAIL ESTABLISHMENTS SELLING BOTH FOOD AND NON-FOOD ITEMS The disposable carryout bag fee, and material and labeling requirements of this chapter, shall apply to a disposable carryout bag provided with the purchase of any item from a r…

APPLICATION OF CARRYOUT BAG REQUIREMENTS TO RESTAURANTS A restaurant with seating, where food or refreshments are served to transient customers to be eaten on the premises where sold, shall comply with the fee, material, and labeling requirements of Sections 1001 and 1002 for eac…

CARRYOUT BAGS NOT SUBJECT TO THIS CHAPTER For the purposes of this chapter, the term “disposable carryout bag” shall not include: A bag used by a customer inside stores to package bulk items, such as fruit, vegetables, nuts, grains, or candy; A bag used by a customer inside a sto…

RETENTION AND REMITTANCE OF THE CARRYOUT BAG FEE Except as provided in Section 1008, a retail establishment shall retain one cent ($0.01) of each fee of five cents ($0.05) charged pursuant to section 1001 and shall remit the remaining four cents ($0.04) of each fee of five cents …

CARRYOUT BAG CREDIT PROGRAM If a retail establishment participates in the voluntary Carryout Bag Credit Program, the establishment may retain an additional one cent ($0.01), for a total of two cents ($0.02), from each fee of five cents ($0.05) charged pursuant to Section 1001. Th…

TAX STATUS OF FEES RETAINED BY RETAIL ESTABLISHMENT The fees retained by a retail establishment under this Chapter shall not be classified as revenue and shall be tax-exempt for the purposes of Chapters 18, 20, and 27B of Title 47 of the District of Columbia Official Code. The fe…

PROHIBITION ON CERTAIN FEE-RELATED PRACTICES A retail establishment shall not assume or absorb, or refund to the customer, the disposable carryout bag fee. A retail establishment shall not advertise or hold out or state to the public or to a customer, directly or indirectly, that…

PROHIBITION ON SALE AND DISTRIBUTION OF CERTAIN DISPOSABLE CARRYOUT BAGS Disposable carryout bags made of plastic that is not one hundred percent (100%) recyclable shall not be sold or distributed, retail or wholesale, in the District. The prohibition set forth in this section ap…

1012 PENALTIES FOR VIOLATIONS 1012.1 Violation of any of the requirements of this chapter, except for Sections 1007, 1008.1, 1008.5, and 1009, shall subject a retail establishment to the penalties set forth in this Chapter. 1012.2 If the Director of the Department of Energy and E…

1099 DEFINITIONS When used in this Chapter, the following words and phrases shall have the meanings ascribed: 100 percent (100%) recyclable - capable of being collected, separated, and recovered from the solid waste stream through the District’s recycling programs, and either use…

1100 PURPOSE AND SCOPE 1100.1 This chapter establishes the Water Quality Standards (WQS) for the waters of the District of Columbia, as authorized by section 5 of the Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5‑188; D.C. Official Code § 8-103.04). AU…

1101 SURFACE WATERS 1101.1 For the purposes of the water quality standards, the surface waters of the District shall be classified on the basis of their (i) current uses, and (ii) future uses to which the waters will be restored. The categories of beneficial uses for the surface …

1102 ANTIDEGRADATION POLICY 1102.1 TIER I: Existing instream water uses and the level of water quality necessary to protect the existing uses shall be maintained and protected. 1102.2 TIER II: If the water quality of the surface waters of the District exceeds the water quality cr…

1103 WETLANDS 1103.1 In a wetland, the numerical and the narrative criteria shall be applied to the column of water above the wetland in accordance with the designated use. 1103.2 Wetlands with rooted vascular aquatic vegetation, except those specifically constructed or created a…

1104 STANDARDS 1104.1 The surface waters of the District shall be free from substances in amounts or combinations that do any one of the following: (a) Settle to form objectionable deposits; (b) Float as debris, scum, oil, or other matter to create a nuisance; (c) Produce objecti…

1105 IMPLEMENTATION AND APPLICABILITY 1105.1 Where the discharge of pollutants in quantities that prevent the attainment of, or violates, the surface water quality standards, the Director may grant a variance from a water quality standard that is the basis of a water quality-base…

1106 SITE-SPECIFIC STANDARDS 1106.1 If requested, the Director may allow a person to conduct a site-specific study to change the numerical criteria when at least one (1) of the following conditions exists: (a) The species, or endangered species, at the site are more or less sensi…

1108 RIVERS 1108.1 Except as otherwise provided in this section, primary contact recreation shall be prohibited in the Potomac and Anacostia Rivers and Rock Creek until such time as the standards in § 1104.8 for Class A beneficial use are consistently maintained. 1108.2 The Direc…