§ 8–1031.14. Rules; enforcement.

(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this chapter within one year of February 26, 2015.

(a-1) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement §§ 8-1031.12a and 8-1031.12b.

(b) Rules and standards adopted pursuant to any act repealed or superseded by this chapter shall remain in effect unless replaced or repealed by rules and standards promulgated in accordance with this chapter.

(c) The Mayor may establish civil penalties or fines to enforce the provisions of this chapter and regulations promulgated pursuant to this chapter.

(d) The Mayor shall require a private collection property owner found in violation of § 8-1031.04 more than once in a period of 6 months to submit a source separation plan.

(e)(1) For the purpose of enforcing the provisions of this chapter, or any rule issued pursuant to this chapter, the Mayor may, upon the presentation of appropriate credentials to the owner, operator, or agent in charge, enter upon any public or private land in a reasonable and lawful manner during normal business hours for the purpose of inspection and observation.

(2) If denied access to any place while carrying out the activities described paragraph (1) of this subsection, the Mayor may apply to a court of competent jurisdiction for a search warrant.

(Feb. 26, 2015, D.C. Law 20-154, § 114, 61 DCR 9971; July 17, 2018, D.C. Law 22-146, § 2(c), 65 DCR 5984; Mar. 16, 2021, D.C. Law 23-211, § 2(m), 68 DCR 00068.)

Applicability

Section 7203 of D.C. Law 24-45 repealed the applicability provision of section 4 of D.C. Law 23-211 that impacted this section. Therefore the amendment of this section by §2(m)(2) of Law 23-211 has been implemented.

Applicability of D.C. Law 23-211: § 7203 of D.C. Law 24-45 provided that the change made to subsection (d) of this section by § 2(m)(1) of D.C. Law 23-211 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 7203 of D.C. Act 24-159 repealed the applicability provision of section 4 of D.C. Law 23-211 that impacted this section. Therefore the amendment of this section by §2(m)(2) of Law 23-211 has been implemented.

Applicability of D.C. Law 23-211: § 7203 of D.C. Act 24-159 provided that the change made to subsection (d) of this section by § 2(m)(1) of D.C. Law 23-211 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Applicability of D.C. Law 23-211: § 6 of D.C. Law 23-211 provided that the change made in subsection (d) of this section by § 2(m) of D.C. Law 23-211 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Section 7036 of D.C. Law 22-168 repealed § 4 of D.C. Law 22-146 removing the applicability restriction impacting this section. Therefore the amendments made to this section by D.C. Law 22-146 have been given effect.

Applicability of D.C. Law 22-146: § 4 of D.C. Law 22-146 provided that the change made to this section by § 2(c) of D.C. Law 22-146 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.