Title 8 — Environmental and Animal Control and Protection.

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For purposes of this chapter, the term: (1) “Discarded material” means a wide variety of materials including liquids in containers that are considered garbage and rejected as being spent, useless, worthless, or in excess. The term “discarded material” does not include household h…

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(a) The purposes of this chapter are: (1) To insure safe and effective hazardous waste management; (2) To establish a program of regulation over the generation, storage, transportation, treatment, and disposal of hazardous waste and fuel containing hazardous waste and the product…

For purposes of this chapter: (1) The term “disposal” means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land or water so that such hazardous waste or any constituent thereof may enter the environment, be emitted …

(a) It is unlawful to own, construct, substantially alter, or operate any hazardous waste treatment, storage, or disposal facility or site or to generate, store, transport, treat, or dispose of any hazardous waste except in accordance with the terms of the permit issued by the Ma…

Within 6 months of the effective date of this chapter, the Mayor shall publish in the District of Columbia Register a hazardous waste management plan for the District of Columbia, which shall include, as a minimum: (1) A description of the criteria for determining what constitute…

(a) Within 3 months after publication of the plan required in § 8-1304, the Mayor shall adopt, in accordance with § 2-505, and may thereafter revise as appropriate, rules and regulations necessary to carry out the purposes and provisions of this chapter, including, but not limite…

The Mayor may grant a variance not to exceed 180 days upon a showing that compliance with the requirements of this chapter or the rules and regulations promulgated pursuant thereto would result in an unreasonable financial hardship, and that the public health and welfare would no…

(a) For the purpose of enforcing this chapter or any rule or regulation promulgated pursuant to this chapter, the Mayor may at any reasonable time, within reasonable limits, and in a reasonable manner, upon presenting appropriate credentials to the owner, operator or agent in cha…

Any person adversely affected by an action taken pursuant to the provisions of this chapter or the rules and regulations promulgated thereto is entitled to a hearing before the Mayor upon filing with the Mayor, within 15 days of the date of such action, a written request for a he…

(a)(1) The Mayor may suspend a permit issued in accordance with § 8-1303 if the holder of the permit is in violation of this chapter or the rules promulgated pursuant to the chapter. (2) Written notice of the suspension shall be served upon the affected party or the party’s desig…

If the Mayor finds that any person is operating a storage, treatment, or disposal facility, or is generating or transporting hazardous wastes in an illegal, unsafe, or otherwise improper manner that endangers the public health, the public welfare, or the environment, the Mayor ma…

(a)(1) Whenever the Mayor has reason to believe that there has been a violation of this chapter, the rules promulgated pursuant to this chapter, a threat to human health or the environment, or a release of hazardous waste into the environment, the Mayor may give written notice of…

Each separate provision of this chapter shall be deemed independent of any other provision of this chapter, and if any provision, sentence, clause, section, or part thereof is held illegal, invalid, or unconstitutional or inapplicable to any person or circumstance, such illegalit…

The use of waste, used oil, or other material, which is contaminated or mixed with dioxin or any other hazardous waste for dust suppression or road treatment in the District of Columbia, is prohibited.

(a) Any claim arising from conduct of an owner or operator of a hazardous waste treatment, storage, or disposal facility for which evidence of financial responsibility is required, may be asserted directly against the guarantor that provides evidence of financial responsibility i…

Within 1 year from March 8, 1991, the Mayor shall: (1) Provide general information that publicizes the advantages of and opportunities for hazardous waste and toxic chemical source reduction, including the requirements of this subchapter, to government agencies, business and trad…

(a) Within 180 days of March 8, 1991, the Mayor shall determine and present to the Council a report that identifies the following: (1) Businesses that belong to the 3 largest 3-digit United States Department of Commerce Standard Industrial Classifications (“SICs”) of generators o…

(a) Within 270 days of March 8, 1991, and annually thereafter, a business shall submit EPA Form R to the Mayor, including Part III #8, pursuant to 40 C.F.R. 372.85, if the business: (1) Releases a toxic chemical subject to regulation in accordance with 40 C.F.R. 372; (2) Generate…

(a) Pursuant to rules issued by the Mayor in accordance with § 8-1322, beginning on January 1, 1992, and every 4 years thereafter, each business required to submit EPA Form R, and any additional data required, in accordance with § 8-1317, including any District or federal governm…

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(a) Pursuant to rules issued by the Mayor in accordance with § 8-1322, any business may receive a waiver of the fee if the Mayor finds that the business has met the following conditions: (1) Satisfied the requirements of this subchapter that pertain to the business; (2) Performed…

No trade secret or commercial or financial information submitted by a business to the District government pursuant to the requirements of this subchapter shall be disclosed to the public, if the Mayor determines that the disclosure would result in a substantial harm to the compet…

(a) Within 180 days from March 8, 1991, the Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement the provisions of this subchapter, including rules regarding the criteria for preparation of source reduction plans and the imposition of source red…

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…