Chapter 10C. Solid Waste Facility Permits.
§ 8–1051. Definitions.
For the purpose of this chapter, the term:
(1) “Composting facility” means any location or structure which uses a microbial process to convert organic material, including wood, paper, mulch, or yard or food waste into a soil amendment.
(2) “Construction and demolition wastes” means the waste building materials and rubble resulting from construction, remodeling, repair, and demolition operation on houses, commercial buildings, pavements, and other structures.
(3) “Existing solid waste facility” means a solid waste facility in construction, including site preparation, or operating on March 23, 1995.
(4) “Final disposal” means depositing or placing solid waste for its final location.
(5) “Intermediate materials recycling facility” means a fully enclosed structure used for the receipt, separation, storage, conversion, baling, briquetting, crushing, compacting, grinding, shredding, or processing of paper, metal, glass, plastics, tires, bulk waste, or other nonbiodegradable recyclable materials for the purpose of reutilization of such materials. The term “intermediate materials recycling facility” shall not include a facility used for the storage or processing of biodegradable materials, construction and demolition wastes, white goods, and hazardous substances, as defined in § 8-109.02(4), and the rules and regulations pursuant thereto.
(6) “Open solid waste facility” means any privately owned or operated solid waste disposal or solid waste handling facility where solid waste is stored or processed outside of a fully enclosed building or structure.
(7) “Person” means any individual, partnership, corporation, trust, association, firm, joint stock company, organization, commission, or any other private entity.
(8) “Recyclable material” means material which would otherwise become solid waste, and that may be collected, separated, or processed and returned to the economic mainstream as a raw material or product.
(9) “Residue” means the solid waste, as measured by weight, requiring disposal after recyclable material is removed during or after processing.
(10) “Solid waste” means garbage, refuse, construction and demolition waste or any other waste product, including solid, liquid, semisolid, or contained gaseous material, resulting from commercial, industrial, or government operation, or residential or community activity.
(11) “Solid waste disposal facility” means any facility where solid waste is discharged, deposited, tipped, dumped, or placed for final disposal, including an incinerator, waste-to-energy facility, rubble fill, or landfill.
(12) “Solid waste facility” means any privately owned or operated solid waste disposal facility or solid waste handling facility, which accepts solid waste that is not the incidental by-product of the facility’s manufacturing or operational processes.
(13) “Solid waste handling facility” means any facility where solid waste temporarily is deposited, or placed for processing, at any time prior to its final disposal at a solid waste disposal facility.
(14) “Source separated” means the end result when recyclable material is separated from solid waste at its point of origin for separate collection and processing.
(15) “Substantially alter” means to make any physical modification to a solid waste facility which increases or decreases the solid waste facility’s maximum annual capacity, by more than 10% per year, as indicated in the solid waste facility’s solid waste facility permit, or in any way alters or modifies the method by which the waste is processed or disposed, or which increases the amount of any air pollutant not previously emitted.
(16) “Abate” means to control disease vectors including rats and other vermin.
(17) “Arterial road” means a traffic route of 4 or more lanes with traffic controlled by traffic signal lights.
(18) “Best Available Control Technology” or “BACT” means measures, processes, methods, systems, or techniques to contain the emission of odors and air and liquid pollutants through procedures including enclosing processes or systems to eliminate emissions, and by collecting, capturing or treating pollutants before release from a process, stack, storage or fugitive emissions point.
(19) “Facility” means any building, structure, or portion of a site where solid waste is handled or stored.
(20) “Hazardous waste” means any waste defined as hazardous in § 8-1302(2).
(21) “Infectious waste” shall include, but is not limited to, the following types of solid waste:
(A) Cultures and stocks of infectious agents and associated biologicals, including cultures from medical and pathological laboratories, cultures and stocks of infectious agents from research and industrial laboratories, wastes from the production of biologicals, discarded live and attenuated vaccines, and culture dishes and devices used to transfer, inoculate, and mix cultures;
(B) Pathological wastes, including tissues, organs, and body parts that are removed during surgery or autopsy;
(C) Waste human blood and products of blood, including serum, plasma, and other blood components;
(D) Sharps that have been used in patient care or in medical, research, or industrial laboratories, including hypodermic needles, syringes, pasteur pipettes, broken glass, and scalpel blades;
(E) Contaminated animal carcasses, body parts, and bedding of animals that were exposed to infectious agents during research, production of biologicals, or testing of pharmaceuticals;
(F) Wastes from surgery or autopsy that were in contact with infectious agents, including soiled dressings, sponges, drapes, lavage tubes, drainage sets, underpads, and surgical gloves;
(G) Laboratory wastes from medical, pathological, pharmaceutical, or other research, commercial, or industrial laboratories that were in contact with infectious agents, including slides and cover slips, disposable gloves, laboratory coats and aprons;
(H) Dialysis wastes that were in contact with the blood of patients undergoing hemodialysis, including contaminated disposable equipment and supplies such as tubing, filters, disposable sheets, towels, gloves, aprons, and laboratory coats;
(I) Discarded medical equipment and parts that were in contact with infectious agents;
(J) Biological waste and discarded materials contaminated with blood, excretion, exudates or secretion from human beings or animals who are isolated to protect others from communicable diseases; and
(K) Any other waste material that results from the administration of medical care to a patient by a health care provider and is found by the Department of Health to pose a threat to human health or the environment.
(22) “Operations area” means any area where solid waste handling or related activities including storage, heavy equipment operations, truck idling, covering, uncovering, cleaning, queuing or parking occurs.
(23) “Radioactive hazardous waste” means any waste which contains or is contaminated with low level radioactive waste material emitting primarily gamma or beta radiation registering above normal background levels.
(24) “Residential street” means any street on which 50% or more of the street frontage is used for residential purposes, for residential and non-business property, or is zoned as residential property. The designation of a street as a residential street shall be determined block-by-block.
(25) “Site” means the total area of any lot or lots that are partially or completely occupied by a solid waste handling facility or its operations area or any lot or lots owned or leased by the owner or operator of a solid waste handling facility that are adjacent to a lot or lots that are partially or completely devoted to solid waste handling operations.
(26) “Tracking” means the deposit of a trail of liquid, liquid waste, muck, dust or of any garbage on public space by vehicles entering and exiting solid waste facilities.
§ 8–1052. Open solid waste facilities prohibited.
No person shall operate an open solid waste facility in the District.
§ 8–1053. Permits required.
(a) No person shall construct or operate a solid waste facility in the District of Columbia which accepts solid waste for a fee except in accordance with a solid waste facility permit issued for that solid waste facility by the Mayor.
(b)(1) An existing solid waste facility shall cease construction, including site preparation or operation, by June 30, 1995, unless the Mayor has issued an interim operating permit for the facility pursuant to paragraph (2) of this subsection.
(2)(A) Except as provided in subparagraph (B) of this paragraph, the Mayor may issue an interim operating permit with terms and conditions of operation for an existing solid waste facility if the Mayor has received a completed solid waste facility permit application for that facility by June 30, 1995, and the payment of an initial permit fee of $10,000.
(B) The Mayor may issue an interim operating permit with terms and conditions of operation for an existing solid waste facility that receives and processes construction and demolition waste exclusively if the Mayor has received a completed solid waste facility permit application for that facility by March 1, 1996, and the payment of an initial permit fee of $10,000.
(3) An interim operating permit shall be valid until such time as a final disposition of the solid waste facility permit application has been made by the Mayor, unless the final disposition of the application has not been made because of the failure of the applicant to furnish information reasonably required or requested in order to process the application.
(4) In addition to any other remedies available at law or equity, the Mayor may immediately suspend or revoke an interim operating permit and order closure of the solid waste facility if the Mayor finds that the facility is operating (i) in violation of its interim operating permit; (ii) in violation of health, safety, environmental, and zoning laws, rules, and regulations, including such rules and regulations as may be issued by the Mayor pertaining to solid waste facilities operating under interim operating permits; (iii) in a manner that endangers human health, the public welfare, or the environment; or (iv) after failure of the applicant to furnish information reasonably required or requested in order to process the application.
(c) A solid waste facility shall not be substantially altered unless the Mayor has given prior approval for the alteration by issuing to the solid waste facility a modification of the solid waste facility’s existing permit and payment of the modification application fee by the applicant.
(d) An existing solid waste facility, while operating under an interim operating permit, shall not be substantially altered except as expressly authorized by the Mayor.
(e)(1) The Mayor may issue a solid waste facility permit with terms and conditions of operation after the Mayor has received a completed solid waste facility permit application and made a final disposition of the solid waste facility permit application.
(2)(A) The Mayor may, in accordance with standards to be established by regulation, issue, renew, suspend, revoke, or deny a solid waste facility permit, and determine, vary or modify its terms and conditions.
(B) The Mayor shall revoke or suspend a solid waste facility permit if the Mayor, after a hearing, determines that the solid waste facility is a public nuisance.
(C) No solid waste facility permit shall be issued or renewed until the Mayor has determined that the solid waste facility is operating, or will operate, in full compliance with environmental, health, safety, and zoning laws, rules, and regulations and that the solid waste facility will not endanger public health, safety, welfare, or the environment. A contrary determination shall allow the Mayor to order closure of an existing facility. In addition, a determination that an existing solid waste facility is a public nuisance shall allow the Mayor to order the closure of the facility.
(f) Permits issued under subsection (e) of this section shall be valid for a period not to exceed 3 years from the date of issuance.
(g) Each permit issued under this section shall be limited to one site and one person and shall not be transferable to another site, facility, or person.
(h) No permit shall be required under this section for the following:
(1) An intermediate materials recycling facility which produces no more than an average monthly residue of 20%;
(2) A composting facility;
(3) The temporary storage of sand, salt, milled asphalt, dirt, street sweepings, or other nonputrescible material resulting from a municipal operation; or
(4) The storage of hazardous waste as the term is defined in § 8-1302(2).
(i) Nothing in this section shall relieve any person of the obligation to construct and operate a solid waste facility in full compliance with any applicable laws, rules, or regulations, including those pertaining to nuisances, health, safety, environment, and zoning.
(j) Licenses or permits issued under this section shall be issued as an Environmental Materials endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47.
§ 8–1054. Application for permits.
(a) Applications for solid waste facility permits and permit modifications shall be submitted to the Mayor in the form prescribed by regulation and shall include all information as the Mayor may reasonably require.
(b) The application fees for permits to operate solid waste facilities shall be as follows:
(1) Initial permit — $10,000;
(2) Renewal permit — $9,000; and
(3) Modification permit for substantial alterations — $1,000.
(c) The payment under subsection (b)(1) of this section shall be waived if already paid pursuant to § 8-1053(b)(2).
(d) If the Mayor denies the issuance of a solid waste facility permit pursuant to § 8-1053(e), $9,000 shall be refunded to the applicant.
(e) The Mayor may, by rulemaking, revise the application fees as necessary to recover the administrative costs associated with the review of applications for solid waste facility permits and interim operating permits, the review of annual reports, the inspection of facilities, and all other activities associated with the administration and enforcement of this chapter. Subject to the enactment of appropriations, solid waste facility application fees shall be used to offset the cost of reviewing and processing solid waste facility applications and monitoring facility compliance with the requirements of this chapter and the terms and conditions of the solid waste facility permit.
(f) Any license issued pursuant to this section shall be issued as an Environmental Materials endorsement to a basic business license under the basic business license system as set forth in subchapter I-A of Chapter 28 of Title 47.
§ 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.
§ 8–1056. Inspections.
(a) The Mayor shall have the right to randomly and periodically inspect any solid waste facility located in the District, and all records, documents, or data compilations retained by the solid waste facility, for the purpose of ensuring compliance with this chapter. Inspections shall generally take place while the solid waste facility is in operation.
(b) Pursuant to subsection (a) of this section, the Mayor shall conduct, at a minimum, quarterly inspections of all solid waste facilities in the District to ensure compliance with section 903 of Title 20 of the District of Columbia Municipal Regulations (20 DCMR § 903), section 733.1(a), (c), (e), (f), (g), (h), (i), (m), and (s) of Title 21 of the District of Columbia Municipal Regulations (21 DCMR § 733.1(a), (c), (e), (f), (g), (h), (i), (m), and (s)), and any regulations issued pursuant to this chapter.
§ 8–1057. Solid waste facility charge.
(a) In addition to the solid waste facility application fee for a permit, a person shall pay a solid waste facility charge for operating a solid waste facility in the District. The solid waste facility charge shall be based upon the actual tonnage of solid waste deposited at the solid waste facility, as indicated in the periodic report.
(b)(1) Except as provided in subsection (c) of this section, the solid waste facility charge shall be determined by multiplying the actual tonnage of solid waste deposited or placed at the solid waste facility by $4 per ton. The person shall pay the annual facility charge in conjunction with the submittal of periodic reports required by § 8-1055.
(2) If an applicant has already paid an annual solid waste facility charge of $10 per ton pursuant to section 8(b) of the Solid Waste Facility Permit Temporary Act of 1994, effective March 23, 1995 (D.C. Law 10-251; 42 DCR 520) (“Temporary Act of 1994”), the person may deduct from the first solid waste facility charge due after October 23, 1995, an amount equal to $6 per ton for any annual solid waste facility charge paid under the Temporary Act of 1994.
(c) Any solid waste facility which receives and processes construction and demolition wastes exclusively shall pay a solid waste facility charge which shall be determined by multiplying the actual tonnage of construction and demolition material deposited or placed at the solid waste facility by $2 per ton. The person shall pay the solid waste facility charge in conjunction with the submittal of periodic reports required by § 8-1055.
(d) The Mayor may revise the solid waste facility charge as necessary to offset the cost of developing new and additional methods of solid waste management and to fund recycling activities of the District to enforce the provisions of this chapter.
(e) The Mayor shall suspend a solid waste facility operating permit and close the solid waste facility if the person fails to pay the solid waste facility charge within 10 calendar days of the due date. The Mayor shall keep the solid waste facility closed until all charges due the District are paid in full, including payment of a penalty equal to 1% per month for any unpaid balance.
(f) Subject to the enactment of appropriations, revenues collected from the payment of the solid waste facility charge shall be used to fund recycling activities in accordance with § 8-1015. Not more than 20% of the solid waste facility charge shall be made available to the agency responsible for the enforcement of the requirements of this chapter.
§ 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.
§ 8–1059. Hearings.
Any person adversely affected by an action taken pursuant to the provisions of this chapter, or the rules and regulations issued under its authority, shall be entitled to a hearing before the Mayor upon filing with the Mayor, within 15 days of the date of the action, a written request for a hearing. The hearing shall be held in accordance with § 2-509.
§ 8–1060. Remedies and penalties.
(a)(1) Whenever the Mayor has reason to believe that (A) there has been a violation of this chapter or the rules and regulations issued under its authority, or (B) a threat exists to human health, the public welfare, or the environment as the result of the construction, modification, or operation of a solid waste facility located within the District, the Mayor may give written notice of the alleged violation or threat to the person responsible and order the person to take such corrective measures as the Mayor determines reasonable and necessary.
(2) If a person fails to comply with the notice within the time period stated in the notice, the Mayor may take corrective actions necessary to alleviate or terminate the violation or threat. The Mayor may assess a penalty against the person responsible equal to triple the costs of undertaking the corrective actions, or close the facility, or both.
(b) If the Mayor finds that any person is constructing or operating a solid waste facility in a manner which endangers human health, the public welfare, or the environment, or is operating a facility in violation of this chapter, the Mayor may (A) request the Corporation Counsel to commence appropriate civil action in the Superior Court of the District of Columbia to secure a temporary restraining order, a preliminary injunction, a permanent injunction, or other appropriate relief, or (B) issue a cease and desist order.
(c) The Mayor or any court may impose civil fines, penalties, costs, and fees as alternate sanctions for violations of this chapter, or the rules and regulations issued under its authority, pursuant to § 2-1801.01 et seq. Rules promulgated pursuant to this section shall be submitted to the Council for a 30-day period of review, not including weekends, holidays, or periods of Council recess. Adjudications of any infractions of this chapter shall be pursuant to § 2-1801.01 et seq. For any violation, each day of the violation shall constitute a separate offense and the penalties prescribed shall apply separately to each separate offense.
(c-1) The Council hereby ratifies the schedule of fines promulgated in § 741 of Chapter 7 of Title 21 of the District of Columbia Municipal Regulations and in effect prior to July 17, 1999.
(d)(1) If the Mayor determines, after investigation, that the conduct of a solid waste facility presents an imminent danger to the public health, safety or the environment, the Mayor shall close and seal the facility.
(2) At the time of the sealing of the facility, the Mayor shall provide the permit holder with written notice stating the action being taken, the basis for the action, and the right of the permit holder to request a hearing.
(3) The permit holder shall have the right to request a hearing within 72 hours after service of notice of the sealing of the premises. The Mayor shall hold a hearing within 72 hours of receipt of a timely request, and shall issue a decision within 72 hours after the hearing.
(4) Every decision and order adverse to a permit holder shall be accompanied by findings of fact and conclusions of law. The findings shall be supported by, and in accordance with, reliable, probative, and substantial evidence. The Mayor shall provide a copy of the decision and order and accompanying findings of fact and conclusions of law to each party to a case.
(5) Any person aggrieved by a final summary action may seek judicial review in accordance with subchapter I of Chapter 5 of Title 2.
(e) Any solid waste facility that is not in compliance with the requirements of this chapter, regulations promulgated to implement this chapter, or any permit term or condition is a public nuisance and may be enjoined and abated as provided in this chapter.
(f) An action to enjoin any public nuisance defined in subsection (e) of this section may be brought in the name of the District of Columbia by the Corporation Counsel or any of his or her assistants, in the Civil Branch of the Superior Court of the District of Columbia against any person conducting or maintaining the public nuisance. The rules of the Superior Court of the District of Columbia relating to granting an injunction or restraining order shall be applicable to actions brought pursuant to this subsection, except that the District, as complaining party, shall not be required to furnish bond or security. It shall not be necessary for the Court to find that the building, ground, premises, or place was being unlawfully used at the time of the hearing. The Court shall enter an order restraining the defendant from operating a solid waste facility in violation of this chapter, upon finding that the material allegations of the complaint are true. Nothing in this section shall preclude any person or class of persons, from bringing a public or private nuisance claim against a solid waste facility.
(g) In the case of the violation of any temporary or permanent injunction rendered pursuant to the provisions of this section, proceedings for punishment for contempt may be commenced by the Office of the Corporation Counsel, in accordance with the rules of the court. Any person found guilty of contempt pursuant to this section shall be punished by a fine of not more than $5,000 or by imprisonment for not more than 12 months, or both.
(h) Any person adversely affected by violations of this chapter or the rules and regulations issued pursuant to this chapter may commence a civil action on his or her own behalf to secure any appropriate relief, including injunctive relief and the payment of civil fines or penalties, as established by the Mayor pursuant to this chapter. In any action brought pursuant to this subsection, the court, in issuing its final order, may award costs of litigation, including reasonable expert witness and attorneys fees, to the prevailing or substantially prevailing party, whenever the court determines that an award is appropriate.
(i) Any person violating the provisions of this chapter, or any rule, regulation or permit issued under its authority, shall, upon conviction in the Superior Court of the District of Columbia, be guilty of a misdemeanor and be fined no more than $1,000 or imprisoned for a period not to exceed 30 days, or both, in the discretion of the court.
§ 8–1061. Solid Waste Transfer Facility Site Selection Advisory Panel established.
(a) There is established the Solid Waste Transfer Facility Site Selection Advisory Panel (“Panel”) with the purpose of preparing comprehensive recommendations to the Council that identify tracts of land suitable for solid waste transfer operations within appropriately zoned sections of the District that safeguard the health, safety and welfare of residents and businesses.
(b) The Panel shall submit its recommendations in a report, which shall include a map that identifies potential sites for the location of solid waste facilities, within 6 months of the Panel’s first meeting. The Panel shall rate each site according to its suitability for the purpose of solid waste transfer and shall consider the proximity of other potential sites in rating each site. The potential sites the Panel identifies shall comply with all siting requirements of this chapter, shall not be inconsistent with the Comprehensive Plan and shall not increase or compound existing detrimental environmental impacts.
(c) In addition to identifying potential sites and rating these sites, the Panel shall study and report on:
(1) The District’s reasonable carrying capacity as a regional solid waste facility site based on best practices in solid waste management;
(2) An evaluation of the impact of existing solid waste facilities on local residents;
(3) A study of the solid waste needs of the District;
(4) The total revenue the District has received yearly from each solid waste facility operating in the District since the Certificate of Occupancy was issued for the facility, showing the kinds of taxes and fees that have been paid; and
(5) The available control technologies capable of complying with the BACT standard for the solid waste.
(d) The Panel is authorized to seek the advice of experts with knowledge of the following areas of concern:
(1) Construction techniques for solid waste handling facilities, including knowledge of air modeling and emissions control;
(2) Traffic flow and infrastructure impact and degradation; and
(3) Interstate commerce and the economics of solid waste management.
(e) The Panel shall consult with District agencies with solid waste management expertise, including, but not limited to, the Department of Consumer and Regulatory Affairs, the Department of Public Works and the Department of Health. The Panel shall also consult with the Washington Area Council of Governments and its staff to inform the Panel of regional considerations in solid waste management.
(f) The Panel shall consult with the National Environmental Justice Advisory Council, which is a federal advisory committee established to provide independent judgment to the U.S. Environmental Protection Agency on environmental issues and which is studying or will study the health and environmental impacts of municipal waste transfer operations on minority and disadvantaged communities, including the District.
(g) Within 45 days of its first meeting, the Panel shall provide notice of and hold a public meeting to receive testimony from citizens in respect to the operation of solid waste facilities in the District of Columbia, and shall hold an additional public meeting to present the Panel’s findings and a draft report to the community for comment 20 days prior to submitting to the Council the report required by this chapter.
§ 8–1062. Composition; appointment; vacancies; terms of office; compensation.
(a) The Panel shall be a nonpartisan Panel composed of 9 voting and 5 non-voting, ex officio members.
(1) The voting members of the Panel shall be composed as follows:
(A) One member shall have expertise in environmental health standards;
(B) One member shall have expertise in the economics of solid waste management;
(C) One member shall have expertise in neighborhood economic development;
(D) One member shall have expertise in land use planning;
(E) One member shall have expertise in environmental law;
(F) Three members shall be District residents, drawn from the public at large, who have no fiduciary or pecuniary interest in the operation of a solid waste facility in the District and public at large; and
(G) One member shall be a representative of the solid waste industry, not associated with any company currently operating a facility in the District.
(2) The non-voting, ex officio members of the Panel shall be the following persons or their designees:
(A) The Director of the Department of Health, Environmental Health Administration;
(B) The Director of the Department of Public Works;
(C) The Director of the Department of Consumer and Regulatory Affairs;
(D) The Director of the Office of Planning; and
(E) The Corporation Counsel.
(b) Members of the Panel shall be nominated by the Mayor who shall transmit to the Council, for a 45-day period of review, excluding days of Council recess, these nominations to the Panel. The Council shall be deemed to have approved a nomination under this subsection if during the 45-day period, no member introduces a resolution disapproving the nomination. If a member introduces a resolution disapproving the nomination within the 45-day period, the Council shall have an additional 45 days, excluding days of Council recess, to disapprove the nomination by resolution, or it will be deemed approved. All appointments shall be made within 90 calendar days of the effective date of the Solid Waste Facility Permit Amendment Act of 1998. The members of the Panel shall elect a Chairperson from among their number by majority vote at a regularly scheduled meeting at which a majority is present. A vacancy shall be filled in the same manner in which its initial appointment was made.
(c) Members of the Panel shall serve a single, non-renewable term not to exceed one year.
(d) Members of the Panel shall serve without compensation. Members, however, may be reimbursed for actual expenses incurred in the performance of official duties for parking, transportation or mileage, not to exceed $15 per meeting.
(e) The Panel is authorized to receive funding for office space and for administrative expenses not to exceed $150,000, which funds shall be made available from the Non-Personnel Services budget of the City Administrator based on the availability of appropriations.
§ 8–1063. Moratorium.
There shall be a moratorium on the issuance or acceptance of the application for any new solid waste facility permits until after the Solid Waste Transfer Facility Site Selection Advisory Panel submits its report to the Council and the Council acts on the Panel’s recommendations by identifying tracts of land appropriate for solid waste transfer, or, amending the operating requirements established in this chapter.
