§ 8–1053. Permits required.

(a) No person shall construct or operate a solid waste facility in the District of Columbia which accepts solid waste for a fee except in accordance with a solid waste facility permit issued for that solid waste facility by the Mayor.

(b)(1) An existing solid waste facility shall cease construction, including site preparation or operation, by June 30, 1995, unless the Mayor has issued an interim operating permit for the facility pursuant to paragraph (2) of this subsection.

(2)(A) Except as provided in subparagraph (B) of this paragraph, the Mayor may issue an interim operating permit with terms and conditions of operation for an existing solid waste facility if the Mayor has received a completed solid waste facility permit application for that facility by June 30, 1995, and the payment of an initial permit fee of $10,000.

(B) The Mayor may issue an interim operating permit with terms and conditions of operation for an existing solid waste facility that receives and processes construction and demolition waste exclusively if the Mayor has received a completed solid waste facility permit application for that facility by March 1, 1996, and the payment of an initial permit fee of $10,000.

(3) An interim operating permit shall be valid until such time as a final disposition of the solid waste facility permit application has been made by the Mayor, unless the final disposition of the application has not been made because of the failure of the applicant to furnish information reasonably required or requested in order to process the application.

(4) In addition to any other remedies available at law or equity, the Mayor may immediately suspend or revoke an interim operating permit and order closure of the solid waste facility if the Mayor finds that the facility is operating (i) in violation of its interim operating permit; (ii) in violation of health, safety, environmental, and zoning laws, rules, and regulations, including such rules and regulations as may be issued by the Mayor pertaining to solid waste facilities operating under interim operating permits; (iii) in a manner that endangers human health, the public welfare, or the environment; or (iv) after failure of the applicant to furnish information reasonably required or requested in order to process the application.

(c) A solid waste facility shall not be substantially altered unless the Mayor has given prior approval for the alteration by issuing to the solid waste facility a modification of the solid waste facility’s existing permit and payment of the modification application fee by the applicant.

(d) An existing solid waste facility, while operating under an interim operating permit, shall not be substantially altered except as expressly authorized by the Mayor.

(e)(1) The Mayor may issue a solid waste facility permit with terms and conditions of operation after the Mayor has received a completed solid waste facility permit application and made a final disposition of the solid waste facility permit application.

(2)(A) The Mayor may, in accordance with standards to be established by regulation, issue, renew, suspend, revoke, or deny a solid waste facility permit, and determine, vary or modify its terms and conditions.

(B) The Mayor shall revoke or suspend a solid waste facility permit if the Mayor, after a hearing, determines that the solid waste facility is a public nuisance.

(C) No solid waste facility permit shall be issued or renewed until the Mayor has determined that the solid waste facility is operating, or will operate, in full compliance with environmental, health, safety, and zoning laws, rules, and regulations and that the solid waste facility will not endanger public health, safety, welfare, or the environment. A contrary determination shall allow the Mayor to order closure of an existing facility. In addition, a determination that an existing solid waste facility is a public nuisance shall allow the Mayor to order the closure of the facility.

(f) Permits issued under subsection (e) of this section shall be valid for a period not to exceed 3 years from the date of issuance.

(g) Each permit issued under this section shall be limited to one site and one person and shall not be transferable to another site, facility, or person.

(h) No permit shall be required under this section for the following:

(1) An intermediate materials recycling facility which produces no more than an average monthly residue of 20%;

(2) A composting facility;

(3) The temporary storage of sand, salt, milled asphalt, dirt, street sweepings, or other nonputrescible material resulting from a municipal operation; or

(4) The storage of hazardous waste as the term is defined in § 8-1302(2).

(i) Nothing in this section shall relieve any person of the obligation to construct and operate a solid waste facility in full compliance with any applicable laws, rules, or regulations, including those pertaining to nuisances, health, safety, environment, and zoning.

(j) Licenses or permits issued under this section shall be issued as an Environmental Materials endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47.

(Feb. 27, 1996, D.C. Law 11-94, § 4, 42 DCR 7172; Apr. 20, 1999, D.C. Law 12-261, § 2003(m)(1), 46 DCR 3142; July 17, 1999, D.C. Law 13-15, § 2(a), 46 DCR 4462; Oct. 28, 2003, D.C. Law 15-38, § 3(l)(1), 50 DCR 6913.)

Prior Codifications

1981 Ed., § 6-3453.

Section References

This section is referenced in § 8-109.06 and § 8-1054.

Effect of Amendments

D.C. Law 13-15 rewrote par. (e)(2), which previously read:

“The Mayor may, in accordance with standards to be established by regulation, issue, renew, suspend, revoke, or deny a solid waste facility permit, and determine, vary, or modify its terms and conditions. No solid waste facility permit shall be issued or renewed until the Mayor has determined that the solid waste facility is operating, or will operate, in full compliance with environmental, health, safety, and zoning laws, rules, and regulations and that the solid waste facility will not endanger human health, the public welfare, or the environment. A contrary determination shall allow the Mayor to order closure of an existing facility.”

D.C. Law 15-38, in subsec. (j), substituted “an Environmental Materials endorsement to a basic business license under the basic” for “a Class A Environmental Materials endorsement to a master business license under the master”.

Cross References

Actions not requiring EIS, see § 8-109.06.

Emergency Legislation

For temporary amendment of this section, see § 4 of the Emergency Assistance Clarification Emergency Amendment Act of 1995 (D.C. Act 11-36, April 11, 1995, 42 DCR 1839) and § 4 of the Emergency Assistance Clarification Congressional Recess Emergency Amendment Act of 1995 (D.C. Act 11-105, July 21, 1995, 42 DCR 4019).

For temporary (90 day) amendment of section, see § 3(l)(1) of Streamlining Regulation Emergency Act of 2003 (D.C. Act 15-145, August 11, 2003, 50 DCR 6896).

Temporary Legislation

For temporary (225 day) amendment of section, see § 4 of Emergency Assistance Clarification Temporary Amendment Act of 1995 (D.C. Law 11-24, July 14, 1995, law notification 42 DCR 3830).

See Historical and Statutory Notes following § 8-1051.

Delegation of Authority

Delegation of authority pursuant to D.C. Law 11-80, the “Solid Waste Facility Permit Temporary Act of 1995.”, see Mayor’s Order 96-31, March 8, 1996 ( 43 DCR 1381).

Delegation of authority pursuant to D.C. Law 11-94, the “Solid Waste Facility Permit Act of 1995.”, see Mayor’s Order 96-51, April 12, 1996 ( 43 DCR 2448).