Title 8, Environmental and Animal Control and Protection.

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…

(a) There is established as a special fund the Hazardous Waste and Toxic Chemical Source Reduction Fund ("Fund"), which shall be administered by the Department of Energy and Environment in accordance with subsection (c) of this section. (b) All fees, fines, and penalties received…

(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…

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…

For the purpose of this chapter, the term: (1) “Disposal” means the permanent isolation of low-level radioactive waste as a regional disposal facility as defined in section 2 of the Low-level Radioactive Waste Policy Act, approved December 23, 1980 (94 Stat. 3347; 42 U.S.C. § 202…

(a) Pursuant to rules issued by the Mayor in accordance with § 8-1506, by May 15, 1991, and on February 1 of each subsequent year, any person who generates low-level radioactive waste in the District shall submit to the Mayor a report that details for the previous calendar year: …

(a) Pursuant to rules issued by the Mayor in accordance with § 8-1506, beginning in 1991, any person who generates waste in the District shall register annually with the Mayor on a form prescribed by the Mayor and pay an annual registration fee to be established by the Mayor. Any…

Any person aggrieved by the failure of a generator of low-level radioactive waste in the District to comply with this chapter may sue for relief in any court of competent jurisdiction. The court may grant any declaratory or injunctive relief it deems necessary. Reasonable attorne…

By May 1, 1991, the Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement the provisions of this chapter including rules regarding rates, fee and payment schedules, registration forms, reporting guidelines, and other operational provisions deemed…

(a) For the purposes of this chapter, the term: (1) "Accessory disposable food service ware" means any disposable food service ware, including straws, utensils, condiment cups and packets, cup sleeves, and napkins, that is not used to hold or contain food. (1A) "Compostable" mean…

(a)(1) By January 1, 2016, no food service entity shall sell or provide food in expanded polystyrene food service products, regardless of where the food will be consumed. (2) By January 1, 2021, no retailer shall sell or offer for sale an expanded polystyrene food service product…

(a) A District facility, agency, and department using disposable food service ware shall use compostable or recyclable disposable food service ware; provided, that disposable food service ware supplies already purchased as of December 17, 2014 may be used until the supplies are e…

No later than 180 days after December 17, 2014, the Mayor shall make public a list of vendors offering compostable or recyclable disposable food service ware products. The Mayor shall update this list annually for at least 5 years after it is first published.

By January 1, 2016, the Mayor shall conduct a study evaluating the amount and types of trash found in the Anacostia River, including polystyrene foam, and submit findings to the Council.

(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this chapter. (b) Civil fines and penalties may be imposed as sanctions for an infraction of the provisions of this chapter or any rules issued under the authority of t…

(a) The consent of Congress is hereby given to the States of Maryland and West Virginia and the Commonwealths of Virginia and Pennsylvania and the District of Columbia to enter into the compact to create a Potomac Valley Conservancy District and to establish an Interstate Commiss…

(a) The consent of Congress is hereby given to the States of Maryland and West Virginia and the Commonwealths of Virginia and Pennsylvania and the District of Columbia to adopt and enter into the amended compact set forth in this section to create a Potomac Valley Conservancy Dis…

The Council of the District of Columbia finds and declares that: (1) The lands and waters of the District of Columbia are basic assets. The construction of housing, industrial and commercial developments, streets, highways, recreation areas, schools and universities, public utili…

For the purposes of this subchapter, the term: (1) “District of Columbia government agency” means any agency, department, unit, and instrumentality, corporate or otherwise, of the District of Columbia government. (2) “Renewable natural resources” means the land, the soil, the wat…

There is established the Soil and Water Conservation District as a District of Columbia government agency.

(a) The Soil and Water Conservation District, reestablished by § 8-1721, shall be governed by 7 members. (b) Five members, at least 4 of whom shall be directors of appropriate agencies or departments of the District of Columbia government, shall be appointed by and serve at the p…