Subchapter II. Toxic Source Reduction.

§ 8–1315. Hazardous waste and toxic chemical source reduction.

Within 1 year from March 8, 1991, the Mayor shall:

(1) Provide general information that publicizes the advantages of and opportunities for hazardous waste and toxic chemical source reduction, including the requirements of this subchapter, to government agencies, business and trade associations, business conferences, and trade fairs;

(2) Prioritize and target business sectors that require the greatest assistance in accordance with § 8-1316;

(3) Provide assistance to any business identified in § 8-1316, as well as other businesses, through the transfer of technical information from other source reduction programs, data bases, and research institutes. The Mayor may facilitate research relationships with universities or other institutions to promote the purposes of this subchapter;

(4) Establish, at a minimum, a library of source reduction literature pertinent to District businesses identified in accordance with § 8-1316 that contains an on-line computer link-up with established pollution prevention data bases that include data bases operated by the United States Environmental Protection Agency (“EPA”);

(5) Prepare and present conferences, seminars, publications, and other programs as may be appropriate to provide targeted businesses with access to the information available on hazardous waste and toxic chemical source reduction;

(6) Train designated inspectors to assess hazardous waste and toxic chemical source reduction plans and audits;

(7) Secure funding and provide for coordination to the maximum extent practicable between designated District government agencies and the EPA to promote the use of source reduction techniques by businesses, training, and other programs in accordance with section 6605 of the Omnibus Budget Reconciliation Act of 1990, approved November 5, 1990 (Pub. L. No. 101-508) (“Pollution Prevention Act”); and

(8) Assess and collect a fee on the generation of hazardous waste and emission of toxic chemicals.

§ 8–1316. Identification of major generators of hazardous waste and releasers of toxic chemicals.

(a) Within 180 days of March 8, 1991, the Mayor shall determine and present to the Council a report that identifies the following:

(1) Businesses that belong to the 3 largest 3-digit United States Department of Commerce Standard Industrial Classifications (“SICs”) of generators of hazardous waste in the District;

(2) Businesses that belong to the 3 largest 3-digit SIC users of toxic chemicals in the District;

(3) Businesses that belong to the 3 largest 3-digit SIC releasers of toxic chemicals in the District; and

(4) The top 25% of businesses, including any District or United States government operations, that generate or release the largest amount of hazardous waste or toxic chemicals in the District.

(b) Within 30 days after the Mayor has presented the report specified in subsection (a) of this section to the Council, the Mayor shall notify in writing each business identified that the business is subject to the provisions of this subchapter.

(c) Every 4 years following March 8, 1991, the Mayor shall reassess the findings required by subsection (a) of this section and make any change in the reporting or targeting of technical assistance indicated.

§ 8–1317. Annual hazardous waste and toxic chemical reports.

(a) Within 270 days of March 8, 1991, and annually thereafter, a business shall submit EPA Form R to the Mayor, including Part III #8, pursuant to 40 C.F.R. 372.85, if the business:

(1) Releases a toxic chemical subject to regulation in accordance with 40 C.F.R. 372;

(2) Generates hazardous waste subject to regulation in accordance with 40 C.F.R. 261, 262, 263, or 264; or

(3) Is identified in § 8-1316.

(b) The Mayor shall require the submission of additional source reduction and recycling data collected in accordance with section 6607 of the Pollution Prevention Act, or other federal legislation or regulations.

(c) EPA Form R, and any additional data required, shall be signed by a senior-level manager who shall be liable for any inaccuracies contained in the submission.

§ 8–1318. Hazardous waste and toxic chemical source reduction plans.

(a) Pursuant to rules issued by the Mayor in accordance with § 8-1322, beginning on January 1, 1992, and every 4 years thereafter, each business required to submit EPA Form R, and any additional data required, in accordance with § 8-1317, including any District or federal government operations where applicable, shall submit a source reduction plan to the Mayor.

(b) Any source reduction plan submitted to the Mayor shall include the following:

(1) A statement of facility-wide management policy regarding hazardous waste and toxic chemical reduction;

(2) A statement of the scope and objectives of the plan, including the anticipated facility-wide reduction for each hazardous waste generated or toxic chemical used during the next 4 years;

(3) An identification of the type and amount of any hazardous waste generated or toxic chemical released into the environment; and

(4) A comprehensive economic and technical evaluation of appropriate technologies, procedures, and training programs to achieve hazardous waste and toxic chemical source reduction, including a schedule for and the estimated costs of implementation of the reduction.

§ 8–1319. Establishment of a Hazardous Waste and Toxic Chemical Release Source Reduction Fund and fee. [Repealed]

Repealed.

§ 8–1319.01. Hazardous Waste and Toxic Chemical Source Reduction Fund.

(a) There is established as a special fund the Hazardous Waste and Toxic Chemical Source Reduction Fund ("Fund"), which shall be administered by the Department of Energy and Environment in accordance with subsection (c) of this section.

(b) All fees, fines, and penalties received from compliance with and enforcement of this chapter, and all interest earned on those monies, shall be deposited into the Fund.

(d)(1) The money deposited into the Fund but not expended in a fiscal year shall not revert to the unassigned fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

§ 8–1320. Hazardous waste and toxic chemical fee waivers.

(a) Pursuant to rules issued by the Mayor in accordance with § 8-1322, any business may receive a waiver of the fee if the Mayor finds that the business has met the following conditions:

(1) Satisfied the requirements of this subchapter that pertain to the business;

(2) Performed and submitted a hazardous waste and toxic chemical source reduction audit to the Mayor; and

(3) Successfully implemented source reduction techniques so that the generation of hazardous waste or toxic chemical usage has been significantly reduced to levels identified in the technical literature for that standard industrial classification as representative of the best source reduction practice.

(b) Industrial classifications that engage in off-site recycling to reclaim the resource value of waste as the best management strategy for minimizing waste may substitute recycling for the source reduction techniques specified in subsection (a)(3) of this section. At no time shall incineration, with or without energy recovery, be regarded as source reduction or recycling for the purposes of this subchapter.

§ 8–1321. Confidential business information.

No trade secret or commercial or financial information submitted by a business to the District government pursuant to the requirements of this subchapter shall be disclosed to the public, if the Mayor determines that the disclosure would result in a substantial harm to the competitive position of the business in accordance with § 2-534(a)(1).

§ 8–1322. Rules.

(a) Within 180 days from March 8, 1991, the Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement the provisions of this subchapter, including rules regarding the criteria for preparation of source reduction plans and the imposition of source reduction fees. The Mayor shall consult and give significant weight to the recommendations of the Litter and Solid Waste Reduction Commission in the issuance of rules to implement this subchapter.

(b) The proposed rules shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved.