Title 8 — Environmental and Animal Control and Protection.

The Council of the District of Columbia makes the following findings and supports the following purposes: (1) Many shipments of hazardous materials are made in the District of Columbia (“District”); (2) The District is 1 of the few states that has not adopted the federal regulati…

For the purposes of this chapter, the term “hazardous materials” means substances or materials in a quantity and form that may pose an unreasonable risk to health, safety, or property when transported in commerce and includes explosives, radioactive materials, etiological agents,…

The Mayor shall establish a Hazardous Materials Transportation Program that shall include at a minimum: (1) A description of the criteria for determining what materials constitute hazardous materials that is consistent with the federal hazardous materials transportation regulatio…

To determine compliance with this chapter and its implementing regulations, a police officer may stop the driver of a motor vehicle and enter upon the premises of a motor carrier that is regulated pursuant to this chapter and inspect any of the following: (1) All equipment, parts…

(a) The operation of a vehicle subject to this chapter and its implementing regulations on any highway or roadway in the District shall constitute the consent of the driver and the owner of the vehicle to the inspection pursuant to § 8-1403.01. (b) The driver of a vehicle shall o…

(a) Violations of this chapter or any rule promulgated pursuant to § 8-1405 shall be adjudicated as provided by Chapter 23 of Title 50. (b) The Mayor, by rule, may establish civil fines and penalties for violations of this chapter or any rule promulgated pursuant to § 8-1405. (c)…

(a) The owner of any hazardous material motor carrier that releases a hazardous material shall reimburse the District for all expenditures made by the District to contain, remove, or respond to such a release. (b) The Mayor shall notify by certified mail the owner of any hazardou…

Within 6 months of March 16, 1989, the Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement the provisions of this chapter. The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal h…

The Council of the District of Columbia finds that: (1) A terrorist attack on a large-quantity hazardous material shipment near the United States Capitol (“Capitol”) would be expected to cause tens of thousands of deaths and a catastrophic economic impact of $5 billion or more. (…

For the purposes of this subchapter, the term: (1) “Capitol Exclusion Zone” means all points within 2.2 miles of the United States Capitol Building; provided, that the Capitol Exclusion Zone shall not extend beyond the geographic boundaries of the District of Columbia. (2) “Emerg…

Except in cases of emergency, it shall be illegal in the Capitol Exclusion Zone, without a permit, to: (1) Transport any of the following: (A) Explosives of Class 1, Division 1.1, or Class 1, Division 1.2, as designated in 49 C.F.R. § 173.2, in a quantity greater than 500 kilogra…

(a) The District Department of Transportation may issue permits authorizing the transportation of materials listed in § 8-1423 upon a demonstration that there is no practical alternative route. A permit may require adoption of safety measures, including time-of-day restrictions. …

(a) Any person who violates § 8-1423 or rules issued under § 8-1426 shall be subject to a civil penalty not to exceed: (1) $10,000 for a first offense; or (2) $25,000 for any subsequent offense. (b) The fines assessed and collected under subsection (a) of this section shall be de…

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, and in consultation with the District of Columbia Department of Transportation, the Emergency Management Agency, the Fire and Emergency Medical Services Department, and the Metropolitan Police Department, shall issue ru…

For the purposes of this subchapter, the term: (1) “Carrier” means the person who owns the locomotive or motor vehicle, excluding the trailer or rail car, used in transporting any of the hazardous materials identified in § 8-1442. (2) “Fund” means the Hazardous Materials Reimburs…

Subject only to the exclusions and limitations set forth in §§ 8-1444 and 8-1445, and in addition to any other remedies available to the government of the District of Columbia, a carrier who transports into the District any of the hazardous materials listed in this section shall …

Costs recoverable by the District of Columbia under § 8-1442 shall include all costs related to: (1) Containment of the gasses, explosives, and materials identified in § 8-1442; (2) Necessary cleanup and restoration of the site and the surrounding environment; (3) Removal of the …

(a) The Attorney General of [for] the District of Columbia may institute an action in the Superior Court of the District of Columbia against any person liable pursuant to § 8-1442 to recover all costs incurred by the District of Columbia. (b) Notwithstanding the rights of the Dis…

There shall be no liability under § 8-1442 for a person otherwise liable who can establish by a preponderance of the evidence that the costs resulting from their acts or omissions were caused solely by: (1) An act of God; (2) An act of War; (3) An act or omission of a third party…

In addition to the damages authorized elsewhere in this subchapter, punitive damages may be awarded, if it is proved that the plaintiff’s injuries were caused by the defendant’s wanton or reckless disregard for public safety in the transportation of the gasses, explosives, and ma…

(a) There is established within the General Fund of the District of Columbia a segregated, nonlapsing fund to be known as the Hazardous Materials Reimbursement Fund. All funds as set forth in subsection (b) of this section shall be deposited into the Fund without regard to fiscal…