§ 8–771.07. Cause of action.

(a) A battery stewardship organization implementing an approved battery stewardship plan in compliance with the requirements of this chapter may bring a civil action against a producer for damages when:

(1) The plaintiff incurs more than $1,000 in actual costs collecting, handling, recycling, and properly disposing of the defendant producer's batteries sold or offered for sale in the District; and

(2) The defendant producer is not in compliance with the requirements of § 8-771.02(a).

(b) DOEE shall not be a necessary party to or be required to provide assistance or otherwise participate in a civil action authorized under this section solely due to its regulatory requirements under this chapter, unless subject to subpoena before a court of jurisdiction.

(c) A battery stewardship organization may file a civil action under this section regardless of whether it has petitioned DOEE under § 8-771.06(b).

(d) For the purposes of this section, the term "damages" means:

(1) The actual costs a plaintiff battery stewardship organization incurs in collecting, handling, recycling, or properly disposing of batteries reasonably identified as having originated from another battery producer or battery stewardship organization, and

(2) The attorneys' fees and costs associated with bringing the civil action.

(Feb. 26, 2015, D.C. Law 20-154, § 134; as added Mar. 16, 2021, D.C. Law 23-211, § 2(q), 68 DCR 00068.)

Applicability

Section 7203 of D.C. Law 24-45 repealed the applicability provision of section 4 of D.C. Law 23-211 that impacted this section. Therefore the creation of this section by §2(q) of Law 23-211 has been implemented.

Section 7203 of D.C. Act 24-159 repealed the applicability provision of section 4 of D.C. Law 23-211 that impacted this section. Therefore the creation of this section by §2(q) of Law 23-211 has been implemented.

Applicability of D.C. Law 23-211: § 6 of D.C. Law 23-211 provided that the creation of this section by § 2(q) of D.C. Law 23-211 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.