§ 8–1701. Findings; declaration of policy.

The Council of the District of Columbia finds and declares that:

(1) The lands and waters of the District of Columbia are basic assets. The construction of housing, industrial and commercial developments, streets, highways, recreation areas, schools and universities, public utilities and facilities, and other land disturbing activities have accelerated the process of soil erosion and sediment deposition. This results in the pollution of and damage to the waters, the lands, the forests, the recreational areas, and the wildlife of the District of Columbia.

(2) A soil and water conservation district is an appropriate organization to preserve and enhance natural resources; to control, reduce, and help alleviate soil erosion; to alleviate past and prospective damage caused by wind and water erosion, flood waters, and sediment; to conserve, improve, and enhance water resources and water quality; to protect wildlife; and to protect and promote the health, safety, and general welfare of the people of the District of Columbia.

(3) Mutual cooperation and assistance among all agencies, departments, or offices of the District of Columbia government whose activities directly affect the conservation of the renewable natural resources of the District of Columbia is necessary to fulfill the requirements of this subchapter. It shall further be the responsibility of the heads of the District of Columbia government agencies, departments, or offices to take the necessary and proper steps to achieve the purposes of this subchapter.

(Sept. 14, 1982, D.C. Law 4-143, § 2, 29 DCR 3118.)

Prior Codifications

1981 Ed., § 1-2801.

Cross References

Water pollution control, generally, see § 8-103.01 et seq.

Editor's Notes

Air quality control regulations enacted: Section 3 of D.C. Law 5-165, as amended by § 15 of D.C. Law 6-192, effective February 24, 1987, enacted air quality control regulations of the District of Columbia as chapters 1 through 9 of Title 20 of the District of Columbia Municipal Regulations, “Environment and Energy.”

Section 485 of D.C. Law 6-42 amended §§ 100.4 and 105.1 of the air quality control regulations, effective March 15, 1985 (D.C. Law 5-165; 20 DCMR Chapters 1 through 9) to provide for adjudication of infractions pursuant to Chapter 18 of Title 2. Section 501(b) of D.C. Law 6-42 provided that the provisions of the act shall apply only to infractions which occur or are discovered by inspection after October 5, 1985.

Soil Erosion and Sedimentation Engineering and Geological Analysis: For temporary provisions providing for the study of soil erosion and sedimentation of properties in Square S-5542, see §§ 2-5 of the Soil Erosion and Sedimentation Engineering and Geological Analysis Emergency Act of 1997 (D.C. Act 12-195, November 14, 1997, 44 DCR 7248).

Soil Erosion and Sedimentation Control in Square 6126: Title II, §§ 201—205, of D.C. Law 8-229 gave the Mayor powers to make an immediate determination of nature and cost of remedial actions for sediment control in Square 6126, power to undertake such actions, power to prohibit activities in Square 6126, power to enter private property to carry out the actions, and power to levy an assessment on the property in Square 6126; however, expenditure of funds for remedial actions or permanent improvements other than in Square 6126 is not authorized, nor is any claim or right of relief for such actions created in any person by Title II.

Delegation of Authority

Delegation of authority pursuant to D.C. Law 2-23 (Act 2-54), the “Soil Erosion and Sedimentation Control Act of 1977”, see Mayor’s Order 99-67, April 28, 1999 ( 46 DCR 4233).