Title 8, Environmental and Animal Control and Protection.

For the purposes of this subchapter, the term: (1) “Facility” means 1 or more underground storage tanks at a given location. (2) “Guarantor” means any person, other than the owner or operator, who provides evidence of financial responsibility for the underground storage tank faci…

(a) Within 120 days after March 8, 1991, the owner of an underground storage tank shall notify the Mayor of the existence of any tank and specify the age, size, type, location, and use of the tank and any other information required by the Mayor. (b) Notice shall not be required i…

(a) Any responsible party or any authorized agent of a responsible party; any person who tests, installs, or removes tanks; any person who engages in site investigation, assessment, remediation, or geotechnical exploration; or any public utility company or authorized agent of a p…

From March 8, 1991, until the effective date of the rules issued pursuant to § 8-113.12 regarding performance standards for new underground storage tanks, no person may install an underground storage tank to store a regulated substance unless the tank, whether of single or double…

(a) The Mayor may require the licensing of any business and the certification of any individual who installs, removes, or tests underground storage tanks. The Mayor may, by rules issued in accordance with § 8-113.12, establish prerequisites for licensing and certification includi…

The Mayor may suspend, revoke, or refuse to issue, renew, or restore a license or certificate issued under § 8-113.06 to protect the public health, safety, or welfare if the Mayor finds that the applicant or holder has: (1) Failed to meet and maintain the standards established by…

(a) For the purpose of enforcing this subchapter or any rule issued pursuant to this subchapter, the Mayor or his or her designated representative may, at any reasonable time, upon the presentation of appropriate credentials to the owner, operator, or agent in charge: (1) Enter w…

(a) If the Mayor believes or has reason to believe that there is a violation or a threatened violation of this subchapter or the rules issued pursuant to this subchapter, the Mayor may give written notice of the violation or threatened violation to the owner, operator, or any oth…

(a) If the Mayor determines during or after an investigation that the conduct of any business or individual who installs, removes, or tests an underground storage tank presents an imminent danger to the health or safety of the residents of the District, the Mayor may summarily su…

(a) Any person aggrieved by a violation of any requirement of this subchapter or rule issued pursuant to this subchapter may commence a civil action on his or her own behalf against any person who is alleged to be in violation. (b) The Court shall have jurisdiction in any action …

(a) The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue and may revise, as appropriate, rules necessary to carry out the purposes and implement the provisions of this subchapter, including rules regarding requirements for: (1) The maintenance of leak detectio…

(a) Prior to conducting a lead-based paint abatement as defined in § 8-115.01(1)(A) [repealed], business entities and individuals shall obtain a permit from the Mayor. To obtain a permit, an application shall be submitted to the Mayor for approval with the appropriate fee. The ap…

For the purposes of this chapter, the term: (1) “CapStat” means an accountability program that examines performance data to improve government services to make the District of Columbia government run more efficiently, using a methodical process for focusing the attention of gover…

The purpose of this chapter is to establish a single executive agency to protect human health and the environment in accordance with District and federal law and regulation, improve the urban quality of life, streamline the administration of District environmental law and program…

(a) Pursuant to § 1-204.04(b), the Council establishes the District Department of the Environment as an agency within the executive branch of the District of Columbia government to consolidate the administration and oversight of environmental laws, regulations, and programs into …

(a) The DDOE shall be headed by a Director who shall: (1) Be appointed by the Mayor with the advice and consent of the Council, pursuant to § 1-523.01(a); (2) Be a person qualified by training and experience to perform the duties of the office; and (3) Serve at the pleasure of th…

The Director of DDOE is the successor to all environment related authority attached to transferred functions and is authorized to act, either personally or through a designee, as a member of any committee, commission, board, or other body which his or her predecessor was a member…

The Director is authorized to establish administrative divisions within DDOE as the Director considers necessary to increase effectiveness and further the purposes of this chapter, which such divisions may include: (1) An Energy Management and Air Quality Control Division, includ…

The Director shall administer and have authority over DDOE, its functions and personnel, including the authority to: (1) Re-delegate to employees authority as, in the judgment of the Director, is warranted in the interest of efficiency and sound administration; (2) Establish gene…

The Director shall oversee each administrative division within DDOE that he or she may establish and, in conjunction with the appropriate division, plan, program, operate, manage, control, and maintain systems, processes, and programs that impact on or relate to the environment o…

There shall be established within DDOE a grants office that shall have a grants development staff that will support DDOE grant writing efforts by: (a)(1) Identifying potential grant opportunities; (2) Writing grant applications; (3) Assisting DDOE programs in grant writing, inclu…

(a) Within 180 days of February 15, 2006, the Mayor shall promulgate rules and regulations to implement the provisions of this chapter, including the establishment of: (1) Fines; (2) Fees; (3) Penalties; (4) Environmental definitions, or adoption of federal definitions as set for…

Regulations and rules of any agency, department, administration, board, or commission, the functions of which are transferred by this chapter to DDOE and any Mayor’s order or administrative order relating to a transferred function not in conflict with this chapter shall continue …

(a) Prior to applying for primacy to the U.S. Environmental Protection Agency for any environmental law, the Mayor shall, in consultation with the Director of DDOE and the Chief Financial Officer of the District of Columbia, conduct a cost/benefit analysis, which shall include an…

(a) Within one year after February 15, 2006, the Mayor shall have compiled, indexed, and published in the District of Columbia Register all laws and regulations of the District of Columbia relating to the environment and rules adopted by the Mayor or by an agency in effect at the…

Notwithstanding any other provision of this chapter, the provisions of this chapter shall not be implemented until appropriated funds are available to pay the cost of implementation.

(a) There is established within the District Department of the Environment a Stormwater Administration (“Administration”), pursuant to § 8-151.03(b)(2). The Administration shall be responsible for monitoring and coordinating the activities of all District agencies, including the …

(a) There is established within the District Department of the Environment a Stormwater Permit Compliance Enterprise Fund (“Enterprise Fund”), pursuant to § 8-151.03(b)(2). The Director shall allocate the Fund resources to carry out the MS4 Permit activities that have the greates…

(a) Within one year of the enactment of an impervious area stormwater user fee by DC WASA, the Mayor shall establish a Stormwater User Fee Discount Program to be coordinated between DC WASA and the Administration. (b) The program shall allow property owners who implement measures…

(a) The Mayor, in coordination with DC WASA, shall establish a grant program to provide Enterprise Funds for grants and direct services to property owners in the District to employ LID or stormwater best management practices. (b) Funding for such grants will be contingent on main…

(a) There is established within the District Department of the Environment a Stormwater Advisory Panel (“Panel”), pursuant to § 8-151.03(b)(2). The Panel shall coordinate the responsibilities of the agencies and DC WASA, and shall prepare comprehensive recommendations to the Coun…

(a) For the purposes of this section, the term “coal tar pavement product” means a material that contains coal tar and is for use on an asphalt or concrete surface, including a driveway or parking lot. (b) No person shall sell, offer for sale, use, or permit to be used on propert…

(a) The Council of the District of Columbia finds that: (1) An adequate, reliable, and continuous supply of energy is essential to the health, safety, and welfare of the citizens of the District of Columbia and to sustain the growth of the District’s economy; (2) The District of …

As used in this chapter: (1) The term “agency” means and includes any executive department, or other establishment in the executive branch of the District of Columbia government or any independent regulatory agency as defined in § 2-502(3). (2) The term “appliance” means any ener…

The energy policy of the District of Columbia shall be the following: (1) To ensure, to the maximum extent practicable, an adequate, economically affordable, and reliable supply of energy for all citizens, businesses, and industries in the District; (2) To foster prudent research…

(1) The District of Columbia Office of Energy is established in the executive branch of the government of the District of Columbia, and shall have the powers, duties, and functions vested in it by the provisions of this chapter. (2) All of the powers, duties, and functions assign…

If any provisions of this chapter, or of any rule, regulation, or order thereunder or the application of such provision to any person or circumstance shall be held invalid, the remainder of this chapter and application of such provisions of this chapter or of such rule, regulatio…

Each original lot or subdivisional lot situated on any street in the District of Columbia where there is a public sewer shall be connected with said sewer in such manner that any and all of the drainage of such lot, whether water or liquid refuse of any kind, except human urine a…

It shall be the duty of the Mayor of the District of Columbia to notify the owner or owners of every lot required by § 8-201 to be connected with a public sewer or water main, as the case may be, to so connect such lot, the work to be done in accordance with the regulations gover…

If the owner or owners of any such lot neglect or refuse to make such connections as are required by § 8-201 within 30 days after the receipt of such notice, such owner or owners shall be deemed guilty of a misdemeanor, and shall, on conviction in the Superior Court of the Distri…

In case the owner or owners of any such lot be a nonresident or nonresidents of the District of Columbia, or cannot be found therein, then, and in that case, the Mayor of the District of Columbia shall give notice, by publication twice a week for 2 weeks in some daily newspaper p…

(a) For the purpose of this section, certain words and terms are defined as follows: (1) “Parking” means that area of public space which lies between the property line and the edge of the actual or planned sidewalk which is nearer to such property line, as such property line and …

For the purposes of this subchapter, the term: (a)(1) “Abatement” means any measure or a set of measures, except interim controls, that eliminates lead-based paint hazards by either the removal of paint and dust, the enclosure or encapsulation of lead-based paint, the replacement…

(a) All dwelling units, common areas of multifamily properties, and child-occupied facilities constructed prior to 1978 shall be maintained free of lead-based paint hazards. (b) No person shall apply a lead-based paint or glaze to any surface, including the interior and exterior …

(a) Whenever a child under age 6 with an elevated blood lead level resides in, or regularly visits a dwelling unit or child-occupied facility in the District, or upon reasonable belief that any other property located in the District may have contributed to a child’s lead exposure…

(a)(1) The owner of a dwelling unit constructed before 1978 shall disclose to the purchaser or tenant of the dwelling unit information reasonably known to the owner about the presence of any of the following conditions in the unit: (A) Lead-based paint; (B) Lead-based paint hazar…