§ 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.

(Feb. 27, 1996, D.C. Law 11-94, § 9, 42 DCR 7172; June 11, 1999, D.C. Law 12-286, § 2(d), 46 DCR 3435.)

Prior Codifications

1981 Ed., § 6-3458.

Emergency Legislation

For temporary amendment of section, see § 2(d) of the Solid Waste Facility Permit Emergency Amendment Act of 1998 (D.C. Act 12-296, March 4, 1998, 45 DCR 1769).

For temporary (90 day) amendment of section, see § 2 of Solid Waste Transfer Station Service and Settlement Agreements Emergency Amendment Act of 2002 (D.C. Act 14-426, July 17, 2002, 49 DCR 7631).

For temporary (90 day) amendment of section, see § 2 of Solid Waste Facility Permit Act of 1995 Phase-Out Extension Emergency Amendment Act of 2002 (D.C. Act 14-427, July 17, 2002, 49 DCR 7635).

For temporary (90 day) amendment of section, see § 2 of Solid Waste Facility Permit Phase-Out Extension Congressional Review Emergency Amendment Act of 2002 (D.C. Act 14-495, October 23, 2002, 49 DCR 9783).

For temporary (90 day) amendment of section, see § 2 of Solid Waste Transfer Station Service and Settlement Agreements Congressional Review Emergency Act of 2002 (D.C. Act 14-506, October 23, 2002, 49 DCR 10215).

Temporary Legislation

For temporary (225 day) amendment of section, see § 2(d) of Solid Waste Facility Permit Temporary Amendment Act of 1998 (D.C. Law 12-120, June 11, 1998, law notification 45 DCR 4037).

For temporary (225 day) amendment of section, see § 2 of the Solid Waste Transfer Station Service and Settlement Agreements Temporary Amendment Act of 2002 (D.C. Law 14-229, March 25, 2003, law notification 50 DCR 2742).

For temporary (225 day) addition, see § 2 of Solid Waste Facility Permit Phase-Out Extension Temporary Amendment Act of 2002 (D.C. Law 14-230, March 25, 2003, law notification 50 DCR 2743).

See Historical and Statutory Notes following § 8-1051.

Editor's Notes

Zoning Commission regulations: Section 2(d) of D.C. (Act 12-296) required, on an emergency basis that all portions of a solid waste facility be set back at least 500 feet from any property line. However, regulations promulgated by the Zoning Commission, 45 DC 1848, require a 300 foot separation from residential property and a 50 foot separation from a public park, retail, office, and institutional property.