§ 8–1055. Reporting and operating requirements.

(a) Owners and operators of solid waste facilities subject to the provisions of this chapter shall submit periodic reports to the Mayor at the times specified by regulation. The reports shall contain all information the Mayor considers reasonably necessary to determine compliance with this chapter. Records necessary to comply with this reporting requirement shall be maintained in a central location at each solid waste facility for a period of time prescribed by the Mayor. The Mayor may provide by rulemaking that failure to submit periodic reports or maintain records may result in the imposition of a fine of up to $25,000, suspension or revocation of a solid waste facility permit, or both.

(b) The information contained in the periodic reports and the application shall be considered proprietary and held confidential by the District.

(c) All new and existing solid waste facilities holding interim and permanent operating permits pursuant to this chapter shall comply with the following operating and reporting requirements and prohibitions:

(1) Within six months from the effective date of the Solid Waste Facility Permit Amendment Act of 1998 each solid waste facility shall develop a traffic flow plan showing the routes used by inbound and outbound vehicles to the facility from the nearest arterial roads and any other arterial roads used by inbound or outbound vehicles. If the facility is located on an arterial road, the traffic flow plan shall encompass an area of no less than four blocks from the solid waste facility in any direction.

(2) No solid waste facility permit shall be issued until the traffic control plan has been assessed and approved by the Department of Public Works, which may set reasonable criteria for each plan as it deems necessary. Each solid waste facility shall submit traffic flow plans to the Department of Public Works. Each facility shall provide notice in the District of Columbia Register, of its traffic flow plan to each Advisory Neighborhood Commission (“ANC”) adjacent to the ANC in which the solid waste facility is operating and through which any of the inbound or outbound vehicles pass through for comment, publish the plan in a newspaper of general circulation in the District of Columbia and post the complete plan at the solid waste facility for public review. ANC comments must be submitted no later than 45 days after publication. A copy of any study, survey, professional opinion, or other materials relied upon by a solid waste facility in developing or submitting a traffic flow plan shall be provided to any requesting ANC.

(3) The traffic flow plan shall be designed to maximize use of truck routes or other arterial traffic routes of 4 or more lanes and to minimize truck traffic on residential streets or through residential areas. The plan shall include, at a minimum, a map designating the proposed travel routes for all trucks traveling to and from the facility and a plan for enforcement of the traffic flow plan by the facility. Inbound vehicles shall use arterial roads except when collecting waste. Outbound vehicles shall only use arterial or heavier roads, except for roads identified and approved in a facility’s traffic flow plan. The traffic flow plan shall be implemented immediately upon approval by the Department of Public Works.

(4) Tracking by vehicles entering or exiting solid waste facilities on public space is prohibited. The emission of dust and odors onto public space or adjoining private or personal property from solid waste facilities is prohibited.

(5) Each solid waste facility shall clean the streets immediately adjacent to the facility and those streets designated as proposed travel routes in its traffic flow plan at least once a week as needed with mechanical street sweeping equipment. The waste collected from the street sweeping equipment shall be transported to a licensed land field.

(6) Solid waste facilities shall install an entry and exit system, using BACT, as soon as practicable, but no later than 180 days from the effective date of the Solid Waste Facility Permit Amendment Act of 1998, to prevent dust and odors from escaping from the facility and to prevent animals and disease vectors from entering or exiting the facility. Truck doors or bays to the facility shall remain closed except when a vehicle is entering or exiting the facility.

(7) Each solid waste facility shall establish and maintain clean, waste-free paths within the facility pursuant to BACT. All trucks or other vehicles that use public roads must remain on those waste-free paths while within the facility.

(8) Each solid waste facility shall maintain a tire cleaning area near the exit to the facility. The tire cleaning area shall be designed to employ BACT standards. All waste water used in the facility shall be directed to a treatment area within the facility or to a municipal water treatment plant. Any waste water directed to a municipal water treatment plant shall conform with all applicable local and federal pre-treatment standards. The tires of trucks or other facility vehicles that use public roads shall be cleaned in the tire cleaning area before the trucks or other vehicles may exit the facility.

(9) Each existing solid waste facility shall continuously abate for disease vectors within a 4 block radius of the site, or demonstrate to the satisfaction of the Department of Health, Environmental Health Administration and the Department of Consumer and Regulatory Affairs that the facility is not providing vector harborage. The owner or operator of the solid waste facility shall provide reasonable notice to the community and seek permission to conduct abatement activities on all private properties within the 4 block radius before commencing abatement. Bait and traps shall not be placed on private property without the consent of the owner or occupant of the property. Bait and traps shall not be placed in open areas that are accessible to children or pets. Abatement shall be conducted according to environmental standards and safety protocols used by the Office of Rodent Control of the Department of Public Works.

(10) Each solid waste facility shall comply with the ventilation requirements established in 21 DCMR § 731.15(d)(6).

(11) Solid waste facilities shall not operate between the hours of 7:00 P.M. and 6:00 A.M.

(12) A solid waste facility shall not accept infectious, hazardous or radioactive waste and shall post signs warning persons entering the site that infectious, hazardous and radioactive waste is not permitted on the site. Each facility shall be required to install and maintain, in good working order, equipment capable of detecting radioactive waste. Any waste that enters a facility and triggers radiation detection equipment shall be prevented from leaving the facility or dumping waste at the facility.

(13) Each shipment of waste received by a solid waste handling facility shall be accompanied by a written manifest which shall contain:

(A) The date and time when the shipment arrived at the facility;

(B) The name and address of the transporter;

(C) A description of the types of waste in the shipment;

(D) The amount of waste received in the shipment;

(E) The name and address of each broker or customer who arranged or contracted for the transportation or disposal of waste in the shipment;

(F) The tag and registration number of each truck used to transport the shipment to and from the facility;

(G) The name and location of the final disposal facility to which the waste in the shipment will be directed;

(H) The date and time when the shipment departs the facility; and

(I) A certification by both the transporter and the owner or operator of the solid waste facility that no hazardous, infectious or radioactive hazardous waste was knowingly introduced by them into the facility.

(14) The solid waste handling facility shall provide a monthly summary of the information contained in the manifests to the Department of Health and shall maintain copies of these manifests and make them available for inspection for a minimum of one year after the waste was received at facility.

(15) Each solid waste facility shall develop an inspection, monitoring, and control plan to detect and prevent the handling of hazardous wastes, infectious wastes or radioactive wastes and shall submit that plan to the Department of Health for review and approval. The plan must include, at a minimum:

(A) Random inspections of incoming shipments;

(B) Inspection of suspicious shipments;

(C) Records of inspections, which must be maintained at the solid waste facility for a minimum of one year;

(D) Training of facility personnel to recognize illegal materials or suspicious shipments;

(E) Installation of radiation monitoring devices to screen all incoming shipments for radioactive activity higher than normal background levels; and

(F) Provision for proper disposal or treatment of hazardous, infectious or radioactive wastes at licensed off-site facilities.

(16) The solid waste facility shall immediately notify the Department of Health and shall detain the shipment to allow for inspection by the Department of Health, if incoming shipments are found to contain hazardous, infectious or radioactive hazardous wastes. The shipment shall be secured to prevent access by unauthorized personnel, isolated from the main waste handling areas, and held in a manner to protect it from the elements, vermin, or other disease vectors and to prevent it from contaminating the solid waste handling facility or the surrounding community.

(17) The solid waste facility shall dispose of the hazardous, infectious or radioactive hazardous waste or shall direct the transporter to dispose of the wastes as outlined in its inspection, monitoring and control plan or as otherwise ordered by the Department of Health, immediately after inspection by the Department of Health or notification that it will not inspect the shipment. In no event shall the hazardous, infectious or radioactive hazardous waste remain on site for more than 24 hours.

(18) The solid waste facility shall provide a summary of its inspection activities in monthly reports to the Department of Health. These reports shall:

(A) Include the number of shipments received and the number of inspections conducted during the previous month;

(B) Identify by date and manifest number all shipments which were detained as a result of these inspections;

(C) Provide the reason for detention of any shipment;

(D) Identify the final disposal site for each detained shipment; and

(E) Provide a copy of the manifest for each detained shipment, including the names and addresses of the transporter of the detained shipment and all brokers or customers who arranged for the transportation or disposal of waste in the detained shipment.