Chapter 5A. Nonwoven Disposable Products.
§ 8–521. Definitions.
For the purposes of this chapter, the term:
(1) "Flushable" means a nonwoven disposable product that:
(A) Disperses in a short period of time after flushing in the low-force conditions of a sewer system;
(B) Is not buoyant; and
(C) Does not contain plastic or any other material that does not readily degrade in a range of natural environments.
(2) "Label" means to represent by statement, word, picture, design, or emblem on the packaging of a nonwoven disposable product.
(3) "Nonwoven disposable product" means a product constructed from nonwoven sheets, including moist toilet tissue or cloth, that is designed, marketed, or commonly used for personal hygiene purposes.
§ 8–522. Labeling of nonwoven disposable products.
(a) After January 1, 2018, a manufacturer of a nonwoven disposable product for sale in the District shall not label the nonwoven disposable product as safe to flush, safe for sewer systems, or safe for septic systems, unless the nonwoven disposable product is flushable.
(b) After January 1, 2018, a manufacturer of a nonwoven disposable product for sale in the District that is not flushable must clearly and conspicuously label the nonwoven disposable product to communicate that the nonwoven disposable product should not be flushed.
§ 8–523. Enforcement.
(a) The Mayor may impose civil fines and penalties as sanctions for violations of the provisions of this chapter or any rules issued pursuant to this chapter, pursuant to Chapter 18 of Title 2. Enforcement and adjudication of an infraction shall be pursuant to Chapter 18 of Title 2.
(b) In addition to the enforcement authority provided in subsection (a) of this section, the Attorney General for the District of Columbia may seek injunctive relief or other appropriate remedy in any court of competent jurisdiction to enforce compliance with this chapter.
§ 8–524. Rules.
The Department of Energy and Environment, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this chapter, including rules to interpret § 8-521(2); provided, that rules to interpret § 8-521(2) shall be made in consultation with the District of Columbia Water and Sewer Authority.
§ 8–525. Construction.
A violation of this chapter shall not be a violation of Chapter 39 of Title 28.
