Subchapter II. Terrorism Prevention in Hazardous Materials Transportation.
§ 8–1421. Findings.
The Council of the District of Columbia finds that:
(1) A terrorist attack on a large-quantity hazardous material shipment near the United States Capitol (“Capitol”) would be expected to cause tens of thousands of deaths and a catastrophic economic impact of $5 billion or more.
(2) The threat of terrorism facing District of Columbia residents and workers in the vicinity of the Capitol requires an urgent response that recognizes and addresses the unique status of this area in American politics and history, and the risk of terrorism that results from this status.
(3) While the federal government has occupied the field of en route security and routing in the aviation context, it has not addressed the subject of rail car routing for security purposes. Moreover, the federal government has not acted to address the terrorist threat resulting from the transportation of ultra-hazardous materials within 2 miles of the Capitol, the White House, and the United States Supreme Court, unique terrorist targets.
(4) Shippers of ultra-hazardous materials do not need to route large quantities of ultra-hazardous chemicals near the Capitol in order to ship these chemicals to their destinations, and alternative routes would substantially decrease the aggregate risk posed by terrorist attacks.
(5) Requiring permits for ultra-hazardous shipments from a Capitol Exclusion Zone that encompasses all points within 2.2 miles of the Capitol would impose no significant burden on interstate commerce.
§ 8–1422. Definitions.
For the purposes of this subchapter, the term:
(1) “Capitol Exclusion Zone” means all points within 2.2 miles of the United States Capitol Building; provided, that the Capitol Exclusion Zone shall not extend beyond the geographic boundaries of the District of Columbia.
(2) “Emergency” means an unanticipated, temporary situation that threatens the immediate safety of individuals or property, as determined by the District Department of Transportation.
(3) “Person” means an individual or a commercial entity.
(4) “Practical alternative route” means a route:
(A) Which lies entirely outside the Capitol Exclusion Zone; and
(B) Whose use would not make shipment of the materials in question cost-prohibitive.
§ 8–1423. Prohibition on shipments of hazardous materials.
Except in cases of emergency, it shall be illegal in the Capitol Exclusion Zone, without a permit, to:
(1) Transport any of the following:
(A) Explosives of Class 1, Division 1.1, or Class 1, Division 1.2, as designated in 49 C.F.R. § 173.2, in a quantity greater than 500 kilograms;
(B) Flammable gasses of Class 2, Division 2.1, as designated in 49 C.F.R. § 173.2, in a quantity greater than 10,000 liters;
(C) Poisonous gasses of Class 2, Division 2.3, as designated in 49 C.F.R. § 173.2, in a quantity greater than 500 liters, and belonging to Hazard Zones A or B, as defined in 49 C.F.R. § 173.116; and
(D) Poisonous materials, other than gasses, of Class 6, Division 6.1, in a quantity greater than 1,000 kilograms, and belonging to Hazard Zones A or B, as defined in 49 C.F.R. § 173.133; or
(2) Operate a vehicle or move a rail car which:
(A) Is capable of containing explosives of Class 1, Division 1.1, or Class 1, Division 1.2, as designated in 49 C.F.R. § 173.2, in a quantity greater than 500 kilograms, and has exterior placarding or other markings indicating that it contains such materials;
(B) Is capable of containing flammable gasses of Class 2, Division 2.1, as designated in 49 C.F.R. § 173.2, in a quantity greater than 10,000 liters, and has exterior placarding or other markings indicating that it contains such materials;
(C) Is capable of containing poisonous gasses of Class 2, Division 2.3, as designated in 49 C.F.R. § 173.2, in a quantity greater than 500 liters, and belonging to Hazard Zones A or B, as defined in 49 C.F.R. § 173.116, and has exterior placarding or other markings indicating that it contains such materials; or
(D) Is capable of containing poisonous materials, other than gasses, of Class 6, Division 6.1, in a quantity greater than 1,000 kilograms, and belonging to Hazard Zones A or B, as defined in 49 C.F.R. § 173.133, and has exterior placarding or other markings indicating that it contains such materials.
§ 8–1424. Permits.
(a) The District Department of Transportation may issue permits authorizing the transportation of materials listed in § 8-1423 upon a demonstration that there is no practical alternative route. A permit may require adoption of safety measures, including time-of-day restrictions.
(b) The District Department of Transportation may collect fees for the permits in accordance with the rules issued under § 8-1426.
(c) Permit fees collected pursuant to this section shall not exceed the cost of implementing and enforcing this subchapter.
§ 8–1425. Penalties.
(a) Any person who violates § 8-1423 or rules issued under § 8-1426 shall be subject to a civil penalty not to exceed:
(1) $10,000 for a first offense; or
(2) $25,000 for any subsequent offense.
(b) The fines assessed and collected under subsection (a) of this section shall be deposited into the General Fund of the District of Columbia.
§ 8–1426. Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, and in consultation with the District of Columbia Department of Transportation, the Emergency Management Agency, the Fire and Emergency Medical Services Department, and the Metropolitan Police Department, shall issue rules to implement the provisions of this subchapter, including a schedule of permit fees to support analysis, communications to shippers and carriers, and the enforcement program.
