Code of the District of Columbia

§ 8–1058. Rulemaking.

(a) The Mayor is authorized, in accordance with § 2-501 et seq., to adopt rules and regulations to implement the provisions of this chapter, including the establishment of:

(1) Solid waste facility permit requirements that include siting, construction, safety, environmental, and operating performance standards for solid waste facilities;

(2) Permit terms and conditions, which shall include requirements that an applicant for a solid waste facility permit comply with the following conditions:

(A) Before a solid waste facility permit may be issued all portions of the facility shall be located at least 500 feet from any property line;

(B) All portions of the operations area for the solid waste facility shall be set back at least 50 feet from the solid waste facility’s own property line; and

(C) Any solid waste facility with an interim operating permit that cannot meet the siting standards in this chapter shall have 3 years to phase out its operations and close. Nothing in this chapter shall preclude the District, or any person from seeking and obtaining the immediate closure of a facility on any other basis.

(3) A schedule of fines for violations of this chapter or the rules and regulations issued under its authority;

(4) Financial and other applicant disclosure forms;

(5) Bonding requirements, or other forms of commercial insurance, or such other mechanisms as the Mayor may deem appropriate;

(6) Procedures to ensure the prompt and safe removal of solid waste from a solid waste facility which has permanently ceased operation;

(7) Procedures to assure that the facility will minimize any negative impacts on an adjoining residential or commercial building or areas including deleterious impacts where materials are odorous to a reasonable person, create an attraction for rodents, or any other impact which may threaten the health of the surrounding neighborhood; and

(8) Application fees for permits and a solid waste facility charge.

(b) The Mayor is further authorized to amend or repeal any provision of Chapter 3 of Title 8 of the District of Columbia Health Regulations, issued June 29, 1971 (Reg. 71-21; 21 DCMR 700 et seq.), to conform the chapter with, or to further the purposes of, this chapter.