Title 8 — Environmental and Animal Control and Protection.

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(a) The Mayor shall develop a comprehensive program for the control and prevention of air pollution in the District that provides for the administration and enforcement of the requirements of this part and the regulations promulgated pursuant to this part. (b)(1) The Mayor, in th…

(a) Upon the presentation of appropriate credentials to the owner, agent in charge, or tenant, the Mayor shall have the right, subject to subsection (c) of this section, to enter a premises or inspect an activity reasonably believed to be subject to this part to determine complia…

Each day of a violation of or failure to comply with this part or a regulation promulgated pursuant to this part shall constitute a separate offense, and the penalties set forth in §§ 8-101.05c, 8-101.05d, 8-101.05e, and 8-101.05f shall be applicable to each separate offense.

(a) A person who violates this part or a regulation promulgated pursuant to this part shall be civilly liable and shall be subject to a civil penalty of no more than $37,500 per day per offense. The Mayor may adjust this civil penalty by rulemaking to account for inflation and sh…

A person who willfully or recklessly violates this part or a regulation promulgated pursuant to this part shall be guilty of a misdemeanor and, upon conviction, shall be subject to a fine not to exceed $25,000 per offense per day, imprisonment not to exceed one year, or both. The…

A person who knowingly makes a false statement in an application, record, report, plan, or other document submitted or maintained under this part shall be guilty of a misdemeanor, and subject to a fine not to exceed $10,000, imprisonment not to exceed 6 months, or both. The fines…

In addition to, or in lieu of, a civil or criminal penalty or fee: (1) The Mayor may modify, suspend, revoke, or deny a permit or certification issued by the District for failure to comply with this part or a regulation promulgated pursuant to this part, after notice and opportun…

(a) If the Mayor determines that a hazardous condition exists that may endanger the health or safety of the residents or property, or the environment in the District due to a person’s noncompliance with this part or a regulation promulgated pursuant to this part, the Mayor may is…

(a) A person aggrieved by an action of the Mayor taken pursuant to this part or a regulation promulgated pursuant to this part may appeal the action of the Mayor to the Office of Administrative Hearings, pursuant to § 2-1831.03(a). The Office of Administrative Hearings shall prov…

(a) The Mayor may issue or amend any rule needed to comply with the requirements of federal laws and regulations in implementing the District’s comprehensive air pollution control program. (b) The proposed rules shall be submitted to the Council for a 45-day period of review, exc…

For the purposes of this part, the term: (1) “Best available control technology” or “BACT” means the pollution control standard as determined by the Director consistent with, but no less stringent than, 42 U.S.C. § 7479(3). (2) “Demand response generating source” means a stationa…

A person who owns or operates an internal combustion engine as a demand response generating source shall track and submit an annual report disclosing the total number of hours, including the dates and times, that the source operated during the preceding year, and the total number…

(a) No person shall construct or operate an internal combustion engine as a demand response generating source unless the source implements, at a minimum, current best available control technology in accordance with a permit issued by the Director. (b) A demand response generating…

(a) The Mayor, pursuant to Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this part, including establishing permit fees and other fees necessary to support the implementation of this part. (b) The Mayor may require reimbursement of costs fo…

For the purposes of this subchapter, the term: (1) “Disposable carryout bag” means a bag of any material, commonly plastic or kraft paper, which is provided to a consumer at the point of sale to carry purchases. The term “disposable carryout bag” shall not include: (A) Bags used …

(a) Disposable carryout bags made of plastic that cannot be recycled shall not be sold or distributed, retail or wholesale, in the District. (b) Disposable carryout bags made of paper shall: (1) Be 100% recyclable; (2) Contain a minimum of 40% post-consumer recycled content; and …

(a)(1) A consumer making a purchase from a retail establishment shall pay at the time of purchase a fee of $.05 for each disposable carryout bag. (2) A retail establishment shall not advertise or hold out or state to the public or to a customer directly or indirectly that the rei…

(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this subchapter within 90 days after September 23, 2009. (b)(1) If the Mayor determines that a violation has occurred, the retail establishment shall be liable for th…

(a) There is established as a nonlapsing fund the Anacostia River Clean Up and Protection Fund. The fees established by § 8-102.03 for disposable carryout bags and transmitted to the Office of Tax and Revenue, the net proceeds from the issuance of Anacostia River Commemorative Li…

Beginning on or before October 1, 2009, the District Department of the Environment shall: (1) Conduct an intensive public information campaign aimed at educating the public on the importance of reducing the number of disposable carryout bags entering the waste stream and the impa…

(a) The District Department of the Environment shall: (1) Establish a pilot program that permits entities to adopt a section of the Anacostia River for the purpose of removing bottles and other trash; and (2) Select an entity to participate in the pilot program whose organization…

(a) The Mayor shall issue reflectorized motor vehicle identification tags of a design to enhance public awareness of the District of Columbia’s efforts to restore and protect the Anacostia River and these identification tags may be called Anacostia River Commemorative License Pla…

For the purposes of this subchapter, the term: (1) “Act” means the Water Pollution Control Act of 1984. (1A) “Abandon” means to cease using a functioning well, to fill or plug a well to render it unproductive, to permanently disconnect a well from a water system, to allow a well …

Except as provided in § 8-103.06, no person shall discharge a pollutant to the waters of the District.

(a) While regulating against water pollution and except as provided in subsection (d) of this section, the Mayor shall protect aquatic animals and plants, and shall preserve and restore aquatic life in District waters for aesthetic enjoyment, for recreation, and for industry. (b)…

(a) At least once every 3 years, the Mayor shall review the water quality standards and if appropriate revise the classification of the beneficial uses of the waters and the criteria for water needed for the particular classes of beneficial uses. (b) The classifications and the c…

(a) The Mayor shall ensure that all monitoring for compliance under this subchapter acquires accurate data and forms the basis for valid and reliable determinations. (b) Monitoring for compliance as a condition for a permit under this subchapter shall comply with a quality assura…

(a) Except that no one may discharge into a sewer corrosive, flammable, or explosive material, or material that may adversely affect the structure of a sewer line, the Mayor may: (1) Allow activity which, from a point source, discharges a hazardous substance, oil or other polluta…

(a) While pollution from point sources into storm sewers shall be considered discharges into District waters, the location of the discharge of the storm sewer wastewater into the waters of the District or other jurisdictions shall be the location of the discharge for any permit i…

(a)(1) A person in charge of a vessel or an onshore or an offshore facility shall, as soon as a discharge of a pollutant from the vessel or the facility has been discovered, notify the Mayor about the discharge. (2) Notice or information resulting from the notice shall not be use…

(a)(1) The Mayor shall establish a financial system to account for revenues and expenses associated with removing pollutants. (2) Civil penalties and other charges recovered under §§ 8-103.15 through 8-103.19 shall finance the pollution removal when the person responsible for the…

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(a) There is established as a special fund the Stormwater In-Lieu Fee Payment Fund (“In-Lieu Fee Fund”), which shall be administered by the Mayor in accordance with subsection (c) of this section. (b) The In-Lieu Fee Fund shall consist of revenue from payments to the In-Lieu Fee …

(a)(1) No person shall store a pollutant or hazardous substance at an onshore or offshore facility until the Mayor has approved a spill prevention and cleanup plan for the pollutant or hazardous substance. (2) The plan shall describe the procedures and the equipment, as well as t…

(a) The Mayor shall establish a water quality management plan according with which activities regulated under this subchapter shall comply. (b) The plan should include pollution control alternatives, evaluation of the attainment of the water quality standards, the population affe…

The Mayor may issue grants for research concerning the quality of the District waters to universities and institutions.

(a) The Mayor may regulate construction that bears upon the quality of the waters of the District. (b) No person shall construct a treatment facility which has not been approved by the Mayor before construction begins.

(a) Except as provided in subsection (d) of this section, no person may construct a well without first obtaining a permit subject to the terms, conditions, or restrictions the Mayor deems necessary including the right to inspect the permittee’s property during reasonable times an…

(a) The Mayor shall establish a schedule of fees for permits required by § 8-103.13a. (b) The Mayor may require reimbursement of costs for services including, inspections, sample collection, or document review pursuant to § 8-103.13a. (c) The Mayor may charge a fee for any permit…

(a) The Mayor may review and, as appropriate, approve studies, plans and specifications, operating manuals, and procedures for the disposal or use of sludge from treatment facilities and shall issue construction or operation permits. (b) If the use of the sludge involves distribu…

(a) The Mayor may issue a subpoena to compel the presentation of information pertinent to the regulation of the quality of District waters. If any person neglects or refuses to obey the subpoena, the Mayor may invoke the aid of a court of competent jurisdiction to compel complian…

(a)(1) A person who willfully or negligently violates this subchapter or the regulations promulgated pursuant to this subchapter shall be guilty of a misdemeanor. (2) The person shall be fined at least $2,500 or no more than $25,000 for each day of the violation, imprisoned for n…

(a) When the Mayor has reason to believe that a person has violated this subchapter or regulations or orders established under this subchapter, the Mayor shall enforce this subchapter by use of any measure, or combination of measures, authorized by this subchapter; provided, howe…

(a)(1) The Mayor is authorized to institute a civil action for a prohibitory or mandatory injunction or other appropriate relief by way of a temporary restraining order, preliminary or permanent injunction, or other judicial decree. (2) The action shall be brought in the Superior…

(a) Any citizen of the District, private party, company, business, or citizen group may commence a civil action against any person who is in violation of any provision of this subchapter; provided, that no such action may be commenced unless: (1) The complaining person has, at le…

The Mayor shall issue rules to implement the provisions of this subchapter pursuant to subchapter I of Chapter 5 of Title 2.