Code of the District of Columbia

§ 8–101.05. Comprehensive air pollution control program.

(a) The Mayor shall develop a comprehensive program for the control and prevention of air pollution in the District that provides for the administration and enforcement of the requirements of this part and the regulations promulgated pursuant to this part.

(b)(1) The Mayor, in the administration of the comprehensive program for the control and prevention of outdoor air pollution, may exercise the following powers to safeguard and preserve air quality in the District:

(A) Conduct research, monitoring, modeling, investigations, experiments, training demonstrations, surveys, and studies, relating to the causes, effects, extent, prevention, and control of air pollution in the District;

(B) Collect and distribute, through publication, educational and training programs, and other means, the results of, and other information pertaining to, the activities carried out under subparagraph (A) of this paragraph;

(C) Advise, consult, cooperate, and enter into agreements with the governments and agencies of any state or political subdivision and any interstate or other regional organization representing these states or political subdivisions to:

(i) Establish cooperative effort and mutual assistance agreements or programs for the prevention and control of air pollution and the enforcement of their respective air pollution laws; and

(ii) Establish or participate in any organization as may be necessary to carry out these agreements;

(D) Adopt air pollution control standards, require and issue permits, and establish any other program necessary to regulate sources of air pollution emissions in the District;

(E) Adopt ambient air quality standards;

(F) Adopt standards governing emission of nuisance air pollutants likely to injure public health or welfare or interfere with reasonable enjoyment of life and property; and

(G) Establish and maintain an indoor air hazard education program to educate District residents on the potential threats posed by and mitigation methods for indoor air hazards.

(2) In determining interference with reasonable enjoyment of life and property under paragraph (1)(F) of this subsection, the Mayor shall consider:

(A) The frequency, duration, and intensity of the source;

(B) The number of complaints filed about the source;

(C) The number of distinct complaints filed about the source;

(D) The zoning classification of the affected area; and

(E) The source’s ability to prevent complaints.

(c) For the purpose of executing the authority under this part, the Mayor may:

(1) Hold hearings relating to the administration of this part;

(2) Secure necessary scientific, technical, administrative, and operational services, including laboratory facilities, by contract, or otherwise;

(3) Receive and administer grants or donations made to carry out the purposes of this part; and

(4) Take any other action necessary.

(d) To assist in enforcing the provisions of this part and regulations issued pursuant to this part, the Mayor shall:

(1) Make available an electronic complaint form to receive complaints of air quality violations from the public, including, at a minimum, complaints of odors and engine idling;

(2) Acknowledge receipt of an air quality complaint to the complainant no later than 7 days after receipt, in a writing or through an electronic message;

(3) Track all air quality complaints, the agency’s response to each complaint, and the resolution of each complaint;

(4) Establish an electronic mechanism by which the complainant, the source of the complaint, and any interested party may access any publically [publicly] available information on the complaint; and

(5) Make publicly available on the Department of Energy and Environment's website a quarterly report listing all air quality complaints received and their resolution.

(Mar. 15, 1985, D.C. Law 5-165, § 5, 32 DCR 562; July 25, 1995, D.C. Law 11-30, § 3, 42 DCR 1547; Sept. 9, 2014, D.C. Law 20-135, § 101(a), 61 DCR 6767; Oct. 8, 2016, D.C. Law 21-160, § 6012(a), 63 DCR 10775.)

Prior Codifications

1981 Ed., § 6-905.

Effect of Amendments

The 2014 amendment by D.C. Law 20-135 rewrote the section.

Emergency Legislation

For temporary (90 day) amendment of section, see § 2 of Lamond-Riggs Air Quality Study Emergency Act of 2006 (D.C. Act 16-284, February 27, 2006, 53 DCR 1635).

Editor's Notes

Air Quality Control Regulations amended: Section 485 of D.C. Law 6-42 amended §§ 100.4 and 105.1 of the Air Quality Control Regulations, effective March 15, 1985, (D.C. Law 5-165; 20 DCMR Chapters 1 through 9) to provide for adjudication of infractions pursuant to Chapter 18 of Title 2. Section 501(b) of D.C. Law 6-42 provided that the provisions of the act shall apply only to infractions which occur or are discovered by inspection after October 5, 1985.

Section 2(v) of D.C. Law 8-237 amended § 485 of D.C. Law 6-42, effective March 8, 1991, to insert subsections 105.2 and 3013.4 regarding the imposition of civil fines, penalties, and fees as alternative sanctions.