Title 8 — Environmental and Animal Control and Protection.

For the purposes of this subchapter, the term: (1) “Agriculture” means land whose primary purpose and use is to raise crops. (2) “Child-occupied facility” means a building or portion of a building which, as part of its function, receives children under the age of 6 years on a reg…

(a) The Department shall create and maintain lists of pesticides classified as District restricted-use or non-essential. (b) The Department shall, through regulations, designate as non-essential a pesticide that is non-critical to pest management in the District. (1) Critical pes…

(a) No person or entity shall apply non-essential pesticides to schools, child-occupied facilities, waterbody-contingent property, or District property, except as provided in § 8-434. (b) The Department may establish restrictions for District restricted-use pesticides when they a…

(a) Section 8-433 shall not apply to the use of a pesticide for the purpose of improving or maintaining water quality at: (1) Drinking water treatment plants; (2) Wastewater treatment plants; (3) Reservoirs and swimming pools; and (4) Related collection, distribution, and treatme…

[Not funded].

[Not funded].

Pesticide applicators shall submit to the Department records of pesticide applications to property in the District on an annual basis in a form that the Department shall prescribe; provided, that applications of minimum-risk and reduced-risk pesticides are exempt from this requir…

The Department shall set a pesticide registration fee of at least $200.

(a) There is established as a special fund the Pesticide Registration Fund (“Fund”), which shall be administered by the Department in accordance with subsection (c) of this section. (b) The Fund shall consist of revenue from fees collected pursuant to § 8-438 and other pesticide …

(a) A violation of this subchapter shall be a civil infraction for purposes of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective July 16, 1985 (Law 6-42; D.C. Code § 2-1801.01 et seq.) (“Civil Infractions Act”). Civil fines, penalties, and…

(a) Within 570 days of October 23, 2012, the Mayor shall issue rules to implement the provisions of §§ 8-431 through 8-439. (b) For rules issued pursuant to § 8-432, the Department shall afford great weight to the decisions made pursuant to section 18 of the FIFRA [7 U.S.C. § 136…

As used in this chapter: (1) The term “mattress” includes any quilt, comfort, pad, pillow, cushion, or bag stuffed with hair, down, feathers, wool, cotton, excelsior, jute, or any other soft material and designed for use for sleeping or reclining purposes. (2) The term “person” m…

No person in the District of Columbia: (1) Who is a manufacturer or renovator of, or dealer in, mattresses shall sell, exchange, give away, or offer or have in his possession for sale, exchange, or gift, any mattress which bears any false or misleading label, statement, design, o…

The label required by § 8-502 shall consist of a tag which shall be sewed or otherwise securely attached to the mattress. In case the mattress has not been renovated the label shall contain in plain, legible print in the English language a statement showing: (1) the name and addr…

No dealer shall be prosecuted under the provisions of this chapter when he can establish a guaranty signed by the manufacturer residing in the United States from whom he purchases mattresses to the effect that the statements contained on the labels attached to such mattresses are…

Any person violating any provision of § 8-502 or § 8-507 shall, upon conviction thereof, be punished by a fine of not more than $500, or by imprisonment for not more than 6 months, or both. All prosecutions under this chapter, except as provided in § 8-504, shall be in the Superi…

Except as provided in § 8-505, the administration of this chapter shall be in charge of the Director of the Department of Human Services of the District of Columbia under the supervision of the Mayor. The Mayor is authorized to make such regulations as may be necessary for the ef…

It shall be the duty of the Director of the Department of Human Services of the District of Columbia, whenever he has reason to believe that any provision of this chapter is being or has been violated, to cause an investigation to be made. For the purpose of such investigation th…

If on inspection the Director of the Department of Human Services or his assistants find in the District of Columbia any mattress held for sale, exchange, or gift, or delivery in pursuance thereof, which has been used or is composed in whole or in part of materials which have for…

It shall be unlawful for any person or persons to maintain, upon any original lot or any subdivisional lot, situated on any street in the District of Columbia, where there is a public sewer and watermain available for the use of such lot, any system of disposal of human excreta e…

No person shall, in the District of Columbia, erect or maintain a privy, or other means or system for the disposal of human excreta, except by means of waterclosets connected with a sewer and watermain, without having secured from the Director of the Department of Human Services …

The Council of the District of Columbia is hereby authorized and empowered to make, and the Mayor of the District of Columbia is hereby authorized and empowered to enforce, any such regulations as the Council deems necessary to regulate the design, construction, and maintenance o…

Any person who shall violate or aid or abet in violating any of the provisions of this chapter or of the regulations promulgated by the Council of the District of Columbia under this chapter shall be punished by a fine of not more than $50 or by imprisonment for not exceeding 15 …

The Council finds that the public interest is best served when the public health and the environment are protected by the cleanup of contaminated properties. Accordingly, the Council declares its policy is to: (1) Create incentives for the voluntary cleanup and redevelopment of c…

For the purposes of this chapter, the term: (1) “Applicant” means a person who submits an application to participate in the Voluntary Cleanup Program established by § 8-633.01. (1A) “Bona fide prospective purchaser” means a person, or tenant of a person, who acquires ownership of…

(a) It shall be unlawful to release any hazardous substance in the District, unless the release is in quantities permitted by federal or District law or by regulations promulgated by the Mayor to implement this chapter. A lawful release of a hazardous substance shall be reported …

(a) A person shall not be liable pursuant to § 8-632.01(b) if the person establishes, by a preponderance of the evidence, that the release or contamination was caused by any of the following: (1) An act of God; (2) An act of war; (3) The migration, flow, or movement of hazardous …

(a) If DDOE approves an applicant’s status as a non-responsible person pursuant to § 8-633.02, the participant’s status as a non-responsible person continues upon acquiring an interest in the eligible property. (b) Except as provided in subsection (c) of this section, a non-respo…

(a) There is hereby established a Voluntary Cleanup Program (“Program”) within DDOE to encourage the private voluntary cleanup of contaminated properties. The DDOE shall administer the Program and shall be responsible for: (1) Investigating brownfield and other properties with kn…

(a) In order to participate in the program, a person shall submit, on a form to be provided by DDOE, the following: (1) Repealed; (2) Information which establishes that the property is an eligible property; (3) A detailed report, with all available relevant information on the env…

(a) The participant shall submit a cleanup action plan to DDOE, after the approval of an application to participate in the Program. The cleanup action plan shall be in accordance with DDOE cleanup standards and shall be approved or disapproved within 90 business days after its su…

(a) The Mayor may require an applicant to pay a fee not to exceed $10,000 upon submission of an application to participate in the Program. (b) A performance bond, in an amount to be determined by DDOE, as necessary to secure and stabilize the eligible property if the cleanup acti…

(a) DDOE shall publish in the District of Columbia Register, within 180 business days of June 13, 2001, cleanup standards for contaminated properties. The cleanup standards shall be based on sound science and acceptable industry standards for the cleanup of contaminated propertie…

(a) The participant shall notify DDOE that the cleanup action plan has been fully implemented, by submitting a cleanup completion report once the cleanup action plan has been completely implemented. (b) The completion report shall state: (1) Sampling results; (2) A description of…

(a) Except as provided in subsections (b) and (c) of this section, a participant may withdraw from the Program at the time of a pending application or cleanup action plan, or after receiving a Certificate of Completion. To effectively withdraw from the Program, a participant shal…

(a) There is established, the Clean Land Fund, as a non-lapsing, revolving fund. The Clean Land Fund shall receive and disburse funds from appropriations, income from operations, fees, gifts by devise or bequest, donations, grants, revenues from a source pursuant to the Program, …

(a) Upon receipt of information of a threatened or actual release of a hazardous substance, the Mayor may: (1) Take response action not inconsistent with the Hazardous Substances Response Plan that the Mayor considers necessary to protect the public health or welfare or the envir…

(a) A person who receives and complies with the terms of an order issued under this chapter may petition the Mayor for the reimbursement of the reasonable costs of the action, plus interest, from the Clean Land Fund; provided, that: (1) The required action has been completed to t…

(a) The Mayor, upon reasonable notice, may require any person who has or may have responsive information to: (1) Furnish information or documents relating to: (A) The identification, nature, and quantity of material that has been or is generated, stored, treated, or disposed of a…

(a) Upon a determination of a threat or an actual release of a hazardous substance that is a threat to the public health, welfare, or the environment, for the purpose of inspection and obtaining samples, the Mayor may enter at reasonable times, and issue orders as necessary to ga…

If the Mayor selects a response action pursuant to § 8-634.01 that results in any hazardous substances remaining at the site, the Mayor shall review the response action no less often than each 5 years after the initiation of the response action to assure that human health and the…

Pursuant to § 8-634.01, a person who: (1) Violates or fails to comply with an order of the Mayor, permit, or other applicable standard, requirement, regulation, or provisions of law pursuant to this chapter, shall be liable for: (A) Civil penalties not to exceed $10,000 for each …

The Mayor may request the Attorney General, and the Attorney General shall have authority, to commence a civil action in the Superior Court of the District of Columbia: (1) To compel compliance with an order of the Mayor, permit, or other applicable standard, requirement, regulat…

(a) The Mayor, in his or her discretion, may enter into an agreement with a person to perform a response action if the Mayor determines that the response action will be properly completed by the person. (b) The agreement shall be subject to public notice and comment. The Mayor ma…

(a) A person may seek contribution from another person who is liable under § 8-632.01. The claim shall be brought in the Superior Court of the District of Columbia. In resolving a contribution claim, the court may allocate a response cost among liable parties using the equitable …

(a) The provisions of § 12-301(10) notwithstanding, an action by or on behalf of the Mayor to recover the cost of a response action under this section must be commenced within 6 years after the initiation of physical onsite response work. (b) An action to compel the Mayor or anot…

(a) In considering a challenge made to a response action taken or ordered under this chapter, or the denial of all or part of a petition for reimbursement under this chapter, the court shall uphold the Mayor’s decision in selecting the response action unless the objecting party c…

(a) DDOE is authorized to create, modify, maintain and disseminate records, informational systems, educational materials and other materials that are necessary to protect public health and the environment at contaminated properties cleaned up pursuant to this chapter or any other…

(a) Prior to the approval of any application or cleanup action plan, and before the issuance of a Certificate of Completion, DDOE shall provide the public with a 14-day notice to comment on the proposed approval or issuance. Public comments required pursuant to this section shall…

(a) In addition to the provisions of § 8-636.01, DDOE may develop public involvement plans, which may include public hearings, the posting on a property of an intent to conduct a response or cleanup action, and the requirement to include a summary of proposed plans in the public …