District of Columbia Administrative Code

2037 STORAGE AREA 2037.1 Recyclable materials shall be stored in compliance with applicable fire code requirements. SOURCE: Final Rulemaking published at 39 DCR 7470, 7479 (October 2, 1992); as amended by Notice of Final Rulemaking published at 57 DCR 11962, 11965 (December 17, 2…

2038 ANTI-SCAVENGING 2038.1 Nothing in this chapter shall limit the right of an individual to donate, sell, or otherwise recycle his or her materials. 2038.2 After materials are placed out for collection by a recycling hauler, the materials shall not be removed by anyone other th…

2050 REGISTRATION TO PROVIDE RECYCLING SERVICES 2050.1 Each person, organization, or agent engaged in the business of collecting or processing recyclable materials shall register with the Director. The fee for registration shall be fifty dollars ($50) and shall be paid annually, …

2051 QUARTERLY REPORTING 2051.1 Each person or business engaged in the collection or recycling of recyclables, as defined in § 2050, shall be required to submit quarterly reports and corresponding certified scale tickets to the D.C. Office of Recycling verifying the tonnage of re…

2052 HAULING ENFORCEMENT 2052.1 Recyclables, as defined in this chapter, shall not be deposited at any District solid waste disposal facility, unless otherwise approved by the Director. 2052.2 The contents of vehicles hauling solid waste to any District of Columbia disposal facil…

2053 HAULING 2053.1 A recycling hauler shall not simultaneously transport recyclables along with other materials for disposal in the same vehicle at the same time except pursuant to a written waiver of this requirement. 2053.2 A written waiver shall only be issued to a registered…

2061 SCHEDULE OF FINES 2061.1 The following schedule of fines is established for each violation of any provision of this chapter listed below: GENERAL Violation Scheduled Fines Refusing to provide access to authorized DPW inspector pursuant to D.C. Code § 6-2903 (21 DCMR § 2000.3…

2099 DEFINITIONS 2099.1 When used in this chapter, the words and phrases shall have the meanings ascribed: Collector - any person who is engaged in the collection or transportation of recyclable goods. Commercial Property - as defined in D.C. Law 7-226, the District of Columbia S…

2200 PURPOSE AND SCOPE 2200.1 The purpose of the rules in this chapter is to provide enforcement procedures for the water pollution control Act of 1984. These rules are developed pursuant to §§17, 18 and 19 of D.C. Law 5-188, the Water Pollution Control Act of 1984 and apply to t…

2201 JURISDICTION AND DELEGATION OF AUTHORITY 2201.1 In every case in which a hearing is requested or otherwise required pursuant to the Act, the Director shall have jurisdiction to hear and render a final decision in the case. 2201.2 Office of Adjudication (OAD) procedures shall…

2202 NOTICE OF VIOLATION 2202.1 Any enforcement action under the Act shall be commenced with a written notice of violation or threatened violation issued to the owner, operator, or any other person deemed appropriate by the Director, except as provided in §2204 and in §2207.2. 22…

2203 PROPOSED COMPLIANCE ORDER OR PROPOSED CEASE AND DESIST ORDER 2203.1 If the person upon whom a notice of violation or threatened violation has been served, fails to comply with the corrective measures required in the notice of violation, the Director may issue a proposed comp…

2204 NOTICE OF SUSPENSION, REVOCATION OR DENIAL OF A PERMIT OR CERTIFICATION 2204.1 An action to suspend, revoke, or refuse to issue, renew, or restore a permit or certification provided for in the Act shall be initiated by a notice of proposed suspension, revocation or denial in…

2205 SETTLEMENT AGREEMENTS AND CONSENT COMPLIANCE ORDERS 2205.1 At any time during the course of the proceedings, the parties to the proceeding may enter into a settlement agreement signed by the parties. A settlement agreement or consent decree shall set forth each of the agreem…

2206 HEARINGS AND ISSUANCE OF FINAL ORDER 2206.1 Once a hearing is requested, motions practice, prehearing discovery, and the conduct of the hearing shall be in accordance with the D.C. Administrative Procedures Act and OAD procedures. 2206.2 The petitioner shall have the burden …

2207 IMMEDIATE COMPLIANCE ORDERS, IMMEDIATE CEASE AND DESIST ORDERS 2207.1 The Director may issue, or may file a motion before an ALJ in OAD to issue, an immediate compliance order or an immediate cease and desist order, in order to require a person to correct a discharge or thre…

2208 PENALTIES 2208.1 Penalties for failure to comply with a final compliance order, a final cease and desist order, or a final suspension, revocation or denial order shall be in accordance with §17 of the Act. SOURCE: Final Rulemaking publishing at 43 DCR 6347, 6354 (November 29…

2209 APPEALS 2209.1 Any person adversely affected or aggrieved by a final compliance order, cease and desist order or other administrative order issued pursuant to this chapter may appeal the action by filing a petition for review in the D.C. Court of Appeals. 2209.2 The appeal s…

2210 CIVIL INFRACTIONS 2210.1 In any instance where a civil fine, penalty or fee has been established pursuant to the "Civil Infractions Act" (D.C. Law 6-42, D.C. Code §6-2701 et seq.) and the "Civil Infractions Regulations" (Title 16 DCMR, Chapter 32) promulgated pursuant to, th…

2211 COURT ACTION IN LIEU OF COMPLIANCE ORDER OR CEASE AND DESIST ORDER 2211.1 After a notice of violation has been issued and the time for compliance has expired, the Director may, in his or her discretion, institute a court action for injunctive relief, damages, civil penalties…

2299 DEFINITIONS 2299.1 When used in this chapter, the following words and phrases shall have the meanings ascribed: Act - the Water Pollution Control Act of 1984, DC Law 5-188, as amended. Director - the Director of D. C. Department of Consumer and Regulatory Affairs, or the Dir…

2300 PURPOSE 2300.1 The purpose of this chapter is to implement Title IV, Subtitle A, of the Sustainable DC Omnibus Amendment Act of 2014, effective December 11, 2014 (D.C. Law 20-385; D.C. Official Code §§ 8-1531 et seq.) to reduce the amount of expanded polystyrene entering the…

2301 EXPANDED POLYSTYRENE PROHIBITION 2301.1 No food service entity shall sell or provide food or beverages in expanded polystyrene food service products, regardless of where the food or beverage will be consumed. 2301.2 This section shall not apply to food or beverages that were…

2302 COMPOSTABLE OR RECYCLABLE PRODUCT REQUIREMENT 2302.1 By January 1, 2017, no food service entity shall sell or provide food or beverages, for consumption on or off premises, in disposable food service ware unless the disposable food service ware is compostable or recyclable. …

2303 ENFORCEMENT 2303.1 Violation of any of the requirements of this chapter or Title IV, Subtitle A, of the Sustainable DC Omnibus Amendment Act of 2014, shall subject a food service business to the penalties set forth in this section. 2303.2 The Department may enforce a violati…

2304 ADMINISTRATIVE APPEALS AND JUDICIAL REVIEW 2304.1 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…

2399 DEFINITIONS 2399.1 When used in this chapter, the following terms shall have the meanings ascribed: Compostable - made solely of materials that break down into, or otherwise become part of, usable compost in a safe and timely manner in an appropriate program and identified o…

2400 PURPOSE 2400.1 The purpose of this rule is to implement the Nonwoven Disposable Products Act of 2016, effective March 11, 2017 (D.C. Law 21-220; D.C. Official Code §§ 8-521 et seq.) to protect the District’s wastewater system from debris deposition, obstruction of flow, and …

2401 APPLICABILITY 2401.1 A manufacturer of a nonwoven disposable product for sale in the District shall comply with the rules set forth in this chapter. 2401.2 This chapter is applicable to all nonwoven disposable products that have a significant potential to be used in a bathro…

2402 DETERMINATION OF FLUSHABILITY 2402.1 To be considered flushable, a nonwoven disposable product must: (a) Be dispersible, as determined in accordance with § 2403; (b) Not be buoyant, as determined in accordance with § 2404.1; and (c) Not contain plastic, as determined in acco…

2403 DETERMINATION OF DISPERSIBILITY 2403.1 To be considered dispersible, a nonwoven disposable product must pass the Slosh Box Test of the International Water Services Flushability Group (IWSFG) 2020: Publicly Available Specifications (PAS) 3 as published in December 2020 (IWSFG…

2404 DETERMINATION OF BUOYANCY AND PLASTIC CONTENT 2404.1 To be considered non-buoyant, a nonwoven disposable product shall be tested using the Settling Test of the INDA/EDANA Guideline Document 4 2018, FG 504.R1(18), and shall meet the following criteria, as set forth in IWSFG’s…