Code of the District of Columbia

Chapter 10A. Solid Waste Reduction and Recovery.


§ 8–1031.01. Definitions.

For the purposes of this chapter, the term:

(1) "Collector" means a person engaged in the collection or transportation of solid waste in the District.

(2) "Compost" means a stable, organic substance produced by a controlled decomposition process that can be used as a soil additive, fertilizer, growth media, or other beneficial use.

(3) "Compostable" means made solely of materials that break down into, or otherwise become part of, usable compost in a safe and timely manner in an appropriate programand identified on the list of compostable materials described in § 8-1031.03(b).

(4) "Composting" or "composted" means the series of activities, including separation, collection, and processing, through which materials are recovered or otherwise diverted from the solid waste stream for conversion into compost.

(5) "Compost collection program" means a waste collection program, implemented either directly or through contract, which provides regular collection of separated compostable materials for public collection properties.

(6) "DOEE" means the Department of Energy and Environment.

(7) "Disposition" means the transport, placement, reuse, sale, donation, transfer, or temporary storage, for a period of no longer than 6 months, of recyclable materials for all possible uses except disposal as trash.

(8) "DPW" means the Department of Public Works.

(8A) "Home composting system" means containers, bins, tumblers, and other equipment, approved by the Department of Public Works, used to facilitate composting or vermicomposting on residential property in the District.

(9) "Incineration" means a form of solid waste disposal through combustion or thermal conversion of solid waste materials into ash, flue gas, fuel, or heat; provided, that recycling, composting, anaerobic digestion of compostable solid waste, and conversion of compostable solid waste into biofuel are not considered incineration.

(10) "Intermediate processing facility" means a facility where solid waste can be separated, processed, stored, assembled, and prepared for sale or other disposition, except incineration or burial.

(11) "Private collection property" means a property that does not receive solid waste collection services from the District.

(12) "Public collection property" means a property that receives solid waste collection from the District either directly or through contract.

(13) "Recyclable" means made solely of materials that can be recycled using the District's recycling collection programand identified on the list of recyclable materials described in § 8-1031.03(b).

(14) "Recycle" or "Recycled" or "Recycling" means the series of activities, including separation, collection, and processing, through which materials are recovered or otherwise diverted from the solid waste stream for use as raw materials or in the manufacture of products other than fuel.

(15) "Solid waste" means garbage, refuse, trash, or any other waste or waste product, including recyclable, compostable, or otherwise reusable material, whether in solid, liquid, semisolid, or contained gaseous state, resulting from an industrial, commercial, residential, or government operation or community activity; provided, that the following are not considered solid waste for the purpose of this chapter:

(A) Hazardous waste, as defined in § 8-901(2A);

(B) Medical waste, as defined in § 8-901(3A); and

(C) Construction and demolition waste subject to sections 406 and 503 of Title 12K of the District of Columbia Municipal Regulations (12K DCMR §§ 406, 503).

(16) "Solid waste stream" means all solid waste generated within the District.

(17) "Source separation" means the separation of solid waste at the point of discard into the categories required under § 8-1031.03

(18) "Sustainable solid waste management hierarchy" means the prioritization of solid waste diversion and disposal activities in the District set forth in § 8-1031.02

(19) "SWEEP" means DPW's Solid Waste Education and Enforcement Program.

(20) "Trash" means solid waste that is collected for disposal by incineration or landfill.

(20A) "Vermicomposting" means the process of using earthworms and microorganisms to convert organic materials into vermicompost.

(21) "Waste diversion" means activities that result in solid waste source reduction, reuse, recycling, composting, or conversion of compostable solid waste into biofuel.

(22) "Waste diversion rate" means the percentage of the solid waste stream, by weight, successfully diverted from landfilling and incineration through source reduction, reuse, recycling, composting, and conversion of compostable solid waste into biofuel.


(Feb. 26, 2015, D.C. Law 20-154, § 101, 61 DCR 9971; Oct. 8, 2016, D.C. Law 21-160, § 6032(a), 63 DCR 10775; July 17, 2018, D.C. Law 22-146, § 2(a), 65 DCR 5984.)

Applicability

Section 7036 of D.C. Law 22-168 repealed § 4 of D.C. Law 22-146 removing the applicability restriction impacting this section. Therefore the amendments made to this section by D.C. Law 22-146 have been given effect.

Applicability of D.C. Law 22-146: § 4 of D.C. Law 22-146 provided that the change made to this section by § 2(a) of D.C. Law 22-146 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 8–1031.02. Sustainable solid waste management hierarchy.

To the maximum extent practicable, the District shall direct its solid waste management policies and diversion activities in the following order of priority:

(1) Source reduction and reuse;

(2) Recycling or composting of solid waste, or conversion of compostable solid waste into biofuel; and

(3) Landfill or incineration of solid waste.


(Feb. 26, 2015, D.C. Law 20-154, § 102, 61 DCR 9971.)


§ 8–1031.03. Mandatory source separation.

(a)(1) Solid waste in the District shall be separated at the point of discard into the following categories:

(A) Recyclable materials;

(B) Compostable materials; and

(C) Trash.

(2) Paragraph (1)(B) of this subsection shall apply upon the Mayor's implementation of a compost collection program; provided, that the Mayor may require that private collection properties or subcategories of private collection properties separate compostable materials before the implementation of a compost collection program.

(b) The Mayor shall make public a list of recyclable materials, and, upon the implementation of a compost collection program established by the Mayor, compostable materials. The Mayor shall review the list on a biannual basis to determine whether additional materials should be added or removed.

(c) By January 1, 2016, the Mayor shall submit a report to the Secretary of the Council regarding the feasibility of and progress made toward implementing a compost collection program.

(d) The Mayor may establish a uniform color, design, and labeling scheme for public collection property waste containers in the District.


(Feb. 26, 2015, D.C. Law 20-154, § 103, 61 DCR 9971.)

Applicability

Section 7016 of D.C. Law 21-160 repealed § 401 of D.C. Law 20-154. Therefore the changes made to this section by D.C. Law 20-154 have been given effect.

Applicability of D.C. Law 20-154: § 401 of D.C. Law 20-154 provided that the change made to this section by § 103(c) of D.C. Law 20-154 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) repeal of D.C. Law 20-154, § 401, see § 4 of the Fiscal Year 2016 Budget Support Clarification Emergency Amendment Act of 2016 (D.C. Act 21-292, Jan. 27, 2016, 63 DCR 1211).

For temporary (90 days) repeal of D.C. Law 20-154, § 401, see § 9 of the Fiscal Year 2016 Budget Support Clarification Emergency Amendment Act of 2015 (D.C. Act 21-164, Oct. 16, 2015, 62 DCR 13734).

Temporary Legislation

For temporary (225 days) repeal of D.C. Law 20-154, § 401, see § 6 of the Fiscal Year 2016 Budget Support Clarification Temporary Amendment Act of 2015 (D.C. Law 21-76, Feb. 27, 2016, 63 DCR 264).


§ 8–1031.04. Mandatory adequate waste collection.

(a) A private collection property owner shall provide adequate waste collection service, including:

(1) Supplying waste containers to make source separation accessible for individuals discarding solid waste at the property; provided, that the containers shall:

(A) Be capable of containing reasonably anticipated source-separated waste generated at the location; and

(B) Bear or be near visible signage indicating the category of source-separated material by visuals or description or shall comply with a color scheme established by the Mayor;

(2) Annually communicating information to an individual discarding solid waste at the property regarding the types of materials that must be source separated at the property; and

(3) Ensuring annual training on the property's source separation requirements of any janitorial staff employed at the property.

(b) The Mayor may require a private collection property owner to submit a source separation plan outlining the steps the property owner will take to implement the requirements of this chapter.


(Feb. 26, 2015, D.C. Law 20-154, § 104, 61 DCR 9971.)


§ 8–1031.05. Collector obligations.

(a) A collector shall appropriately and visibly label any solid waste container the collector provides to a property to indicate, by visuals or description, the category of waste for which the container is intended, unless the container complies with a color scheme established by the Mayor.

(b) A collector shall submit an annual report to the Mayor that includes the following information:

(1) The total tonnage of solid waste collected in the District by the collector in the previous calendar year;

(2) A breakdown of the total tonnage reported in paragraph (1) of this subsection by the individual tonnage of solid waste source separated as required by § 8-1031.03 that was collected for delivery to recycling, composting, landfill, incineration, and any other waste processing or disposal facilities;

(3) The names, locations, and tonnage of solid waste delivered to recycling, composting, landfill, incineration, and other waste processing or disposal facilities; and

(4) Any other information the Mayor may require.

(c) A collector shall retain records of solid waste collected and disposed of for 3 years or a different period as prescribed by the Mayor.

(d) To ensure compliance with this section, the Mayor may inspect all records, documents, or data compilations in the possession or control of a collector during normal operating hours.

(e) Information submitted to the Mayor pursuant to subsection (b) of this section may not be distributed publicly except in aggregate numbers by year, facility name, type, and waste type as part of the reporting required by § 8-1031.13 Collector-specific information shall be designated confidential. Except as otherwise provided by law or court order, collector-specific information may be used only by the Mayor, the Mayor's agents and employees, other District agencies, and, as authorized by the Mayor, by the United States Environmental Protection Agency.

(f) Failure to submit an annual report required in subsection (b) of this section or to maintain a record pursuant to subsection (c) of this section may result in one or more of the following penalties:

(1) A maximum fine of $25,000; or

(2) Suspension or revocation of a collector's registration or license.


(Feb. 26, 2015, D.C. Law 20-154, § 105, 61 DCR 9971.)


§ 8–1031.06. Collector registration.

(a) A collector shall register with the Office of Waste Diversion before operating in the District in accordance with this section.

(b) The Office of Waste Diversion shall issue registrations annually for collectors and vehicles engaged in the collection and transportation of solid waste in the District. No collector registration shall be issued unless a collector:

(1) Certifies that recyclable or compostable materials source separated as required by this chapter shall be delivered to a recycling or composting facility, as appropriate;

(2) Provides a list of all vehicles used to collect solid waste in the District, including any information the Office of Waste Diversion requires about the vehicles; and

(3) Beginning on October 1, 2016, has submitted the annual report required under § 8-1031.05(b) for the previous year.

(c) The Mayor may establish separate registration procedures or requirements for collectors and vehicles based upon the type of solid waste collected or transported.

(d) The Mayor shall establish registration fees to offset the costs of administering this chapter.


(Feb. 26, 2015, D.C. Law 20-154, § 106, 61 DCR 9971.)


§ 8–1031.07. Office of Waste Diversion.

There is established an Office of Waste Diversion ("Office") within the Department of Public Works. The duties of the Office shall include:

(1) Coordinating and supervising the implementation of the provisions of this chapter;

(2) Implementing the source separation education and outreach program developed pursuant to § 8-1031.08;

(3) Supervising and developing a system to respond to citizen inquiries about mandatory source separation;

(4) Serving as a liaison between the District and neighboring jurisdictions in developing regional waste reduction and diversion campaigns;

(5) Implementing policies developed by the Interagency Waste Reduction Working Group for reducing the generation of solid waste in the District and increasing the District's solid waste diversion rate;

(6) Publishing annually on its website the reports issued to the Council pursuant to § 8-1031.13; and

(7) Registering all collectors and vehicles engaged in the collection or transportation of solid waste in accordance with § 8-1031.06.


(Feb. 26, 2015, D.C. Law 20-154, § 107, 61 DCR 9971.)


§ 8–1031.08. Interagency Waste Reduction Working Group.

(a) There is established an Interagency Waste Reduction Working Group ("Working Group") that shall regularly evaluate the District's solid waste management and diversion activities and policies, and sustainable waste management and diversion practices, policies, and techniques that could be established in the District. The purpose of the Working Group shall be to advise and guide the Mayor, the Council, and the Office of Waste Diversion on sustainable solid waste management and waste diversion policy in the District in accordance with the sustainable solid waste management hierarchy established in § 8-1031.02.

(b) The Working Group shall be composed of at least 7 members selected by the Mayor from District agencies that have expertise and experience in solid waste management, environmental policy development, and implementation of public waste diversion programs, including, at a minimum, DPW and DOEE.

(c) The Working Group shall, at a minimum:

(1) Advise the Office of Waste Diversion in the implementation of policies, outreach, and enforcement techniques that have the potential to reduce the generation of solid waste in the District and increase the District's solid waste diversion rate;

(2) Develop a zero waste plan for the District outlining steps the District can take to achieve at least an 80% waste diversion rate;

(3) Design and ensure the development of education and outreach programs with purpose of reducing the generation of solid waste and increasing the waste diversion rate in the District;

(4) Design and guide the development of educational materials reflecting the District's source separation requirements;

(5) Ensure that the educational materials developed pursuant to this section are updated at least every 5 years and upon the addition of a new source separation requirement;

(6) Ensure issuance and accuracy, to the maximum extent practicable, of the reports and studies required by § 8-1031.13; and

(7) Meet at least quarterly to fulfill the requirements of this section and to evaluate the effectiveness of the programs established pursuant to this section.

(d) The source separation education materials developed pursuant to subsection (c)(4) of this section shall be placed on the DPW and DOEE websites and posted in public places where these kinds of materials are customarily placed.


(Feb. 26, 2015, D.C. Law 20-154, § 108, 61 DCR 9971; Oct. 8, 2016, D.C. Law 21-160, § 6032(b), 63 DCR 10775.)


§ 8–1031.09. Enforcement training.

The Mayor shall ensure that training designed for employees who enforce the District's waste laws and regulations addresses the requirements of this chapter and the policies established by the Interagency Waste Reduction Working Group pursuant to secti§ 8-1031.08.


(Feb. 26, 2015, D.C. Law 20-154, § 109, 61 DCR 9971.)


§ 8–1031.10. Contract and licensing authority.

(a) The Mayor may enter into a contract or agreement for a period not to exceed 10 years for:

(1) Solid waste collection, disposal, and diversion services;

(2) The operation of recycling buy-back centers, composting facilities, and intermediate processing facilities for the collection, storage, processing, and disposition of source separated recyclable or compostable materials; and

(3) The marketing and sale of recyclable and compostable materials.

(b) The Mayor may purchase or lease any equipment necessary to facilitate the marketing and sale of recycling or compostable materials.

(c) The Mayor may issue to universities, nonprofit institutions, and businesses grants for solid waste research, collection, marketing, and other services.

(d)(1) The Mayor may designate, select, or acquire, by purchase, a site or sites that are suitable for the purpose of solid waste disposal or diversion.

(2) The Mayor may acquire a site or sites that are suitable for the purpose of solid waste disposal or diversion through condemnation, in accordance with the provisions of Chapter 13 of Title 16.

(3) The Mayor shall submit a proposed site 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 site, in whole or in part, by resolution within this 45-day review period, the proposed site shall be deemed approved.


(Feb. 26, 2015, D.C. Law 20-154, § 110, 61 DCR 9971.)


§ 8–1031.11. Solid waste disposal and reduction fees.

(a) The Mayor shall impose:

(1) A fee on the disposal of solid waste at a solid waste disposal facility owned by the District sufficient to cover the costs of operating, maintaining, and improving the solid waste facilities. Revenue from this fee shall be deposited in the Solid Waste Disposal Cost Recovery Fund established under § 1-325.91; and

(2) A surcharge on the disposal of solid waste at the District's solid waste disposal facilities of, at a minimum, $1 per ton. Revenue from this surcharge shall be deposited in the Solid Waste Diversion Fund established by § 8-1031.12.

(b) The Mayor may impose a fee on a public collection property owner; provided, that:

(1) The Mayor provides the Council with an analysis of the feasibility and expected economic outcomes of implementing the fee;

(2) Any rules or regulations implementing the fee shall be approved by the Council; and

(3) The fee is proportional to the amount of trash generated at the property.

(c) Failure to comply with this section may result in an assessment of twice the amount of the fee or surcharge due.


(Feb. 26, 2015, D.C. Law 20-154, § 111, 61 DCR 9971.)


§ 8–1031.12. Solid Waste Diversion Fund.

(a) There is established as a special fund the Solid Waste Diversion Fund ("Fund"), which shall be administered by the Department of Public Works in accordance with subsection (c) of this section.

(b) Revenue from the following sources shall be deposited in the Fund:

(1) The surcharge established under § 8-1031.11(a)(2);

(2) Any money in the District Recycle Program Fund as of February 26, 2015; and

(3) Other funds designated by the Mayor.

(c) Money in the Fund shall be used to offset the cost of developing new and additional methods of solid waste diversion in the District.

(d) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.


(Feb. 26, 2015, D.C. Law 20-154, § 112, 61 DCR 9971.)


§ 8–1031.12a. Home Composting Incentive Program.

(a) There is established a Home Composting Incentive Program ("Program"), to be administered by the Mayor, to provide rebates and vouchers to encourage residential property owners and lessees to purchase and use a home composting system.

(b) To be eligible for the rebate provided for in this section, a residential property owner or lessee shall:

(1) After July 17, 2018, purchase a home composting system;

(2) Complete the training described in subsection (f) of this section; and

(3) Submit a rebate claim to the Mayor in a manner to be determined by the Mayor.

(c)(1) Upon approval of a rebate claim submitted pursuant to subsection (b) of this section, the Program shall provide a rebate up to $75 per residential address; provided, that the amount of the rebate shall not exceed the purchase price of the home composting system.

(2) Rebates shall be sent to the residential property owner or lessee within 30 days after the rebate claim is approved.

(3) Rebates shall be contingent upon the availability of funds.

(d) To be eligible for the voucher provided for in this section, a residential property owner or lessee shall:

(1) Complete the training described in subsection (f) of this section; and

(2) Submit a voucher application to the Mayor in a manner to be determined by the Mayor.

(e)(1) Upon approval of a voucher application submitted pursuant to subsection (d) of this section, the Program shall provide a voucher up to $75 per residential address.

(2) Vouchers shall be sent to the residential property owner or lessee within one week after the voucher application is approved.

(3) Vouchers shall be contingent upon the availability of funds.

(f)(1) The Mayor, or a contractor selected by the Mayor, shall provide in-person training for District residents on proper handling and processing of organic materials that will be turned into compost, including training for residents interested in both outdoor composting and vermicomposting.

(2) The Mayor shall create educational materials for District residents regarding how to use home composting systems in a manner that avoids creating public nuisances.


(Feb. 26, 2015, D.C. Law 20-154, § 112a; as amended July 17, 2018, D.C. Law 22-146, § 2(b), 65 DCR 5984.)

Applicability

Section 7036 of D.C. Law 22-168 repealed § 4 of D.C. Law 22-146 removing the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-146 has been given effect.

Applicability of D.C. Law 22-146: § 4 of D.C. Law 22-146 provided that the creation of this section by § 2(b) of D.C. Law 22-146 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 8–1031.12b. Residential composting.

An owner of residential property in the District may engage in composting on his or her residential property; provided, that that the composting shall be conducted in a manner that does not:

(1) Promote the development, attraction, or harborage of vectors; or

(2) Create a public nuisance.


(Feb. 26, 2015, D.C. Law 20-154, § 112b; as added July 17, 2018, D.C. Law 22-146, § 2(b), 65 DCR 5984.)

Applicability

Section 7036 of D.C. Law 22-168 repealed § 4 of D.C. Law 22-146 removing the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 22-146 has been given effect.

Applicability of D.C. Law 22-146: § 4 of D.C. Law 22-146 provided that the creation of this section by § 2(b) of D.C. Law 22-146 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.


§ 8–1031.13. Reporting requirements.

(a) On February 28, 2016, and annually thereafter, the Mayor shall provide a solid waste diversion update to the Council that shall include, at a minimum:

(1) The total tonnage of solid waste collected in the District, from both private collection and public collection properties;

(2) A breakdown of the total tonnage reported in paragraph (1) of this subsection by the individual tonnage of solid waste that was collected for delivery to recycling, composting, landfill, incineration, and any other waste processing or disposal facilities;

(3) The names, locations, and tonnage of solid waste delivered to the recycling, compost, landfill, incineration, and other waste processing or disposal facilities;

(4) A calculation of the District's solid waste diversion rate for the previous year; and

(5) A calculation of the District's per-capita solid waste generation for the previous year.

(b) On January 31, 2018, and every 4 years thereafter, the Mayor shall issue a waste characterization study describing solid waste generation, collection, recycling, composting, diversion, and management in the District.


(Feb. 26, 2015, D.C. Law 20-154, § 113, 61 DCR 9971.)


§ 8–1031.14. Rules; enforcement.

(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this chapter within one year of February 26, 2015.

(a-1) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement §§ 8-1031.12a and 8-1031.12b.

(b) Rules and standards adopted pursuant to any act repealed or superseded by this chapter shall remain in effect unless replaced or repealed by rules and standards promulgated in accordance with this chapter.

(c) The Mayor may establish civil penalties or fines to enforce the provisions of this chapter and regulations promulgated pursuant to this chapter.

(d) The Mayor may require a private collection property owner found in violation of § 8-1031.04 more than once in a period of 6 months to submit a source separation plan.


(Feb. 26, 2015, D.C. Law 20-154, § 114, 61 DCR 9971; July 17, 2018, D.C. Law 22-146, § 2(c), 65 DCR 5984.)

Applicability

Section 7036 of D.C. Law 22-168 repealed § 4 of D.C. Law 22-146 removing the applicability restriction impacting this section. Therefore the amendments made to this section by D.C. Law 22-146 have been given effect.

Applicability of D.C. Law 22-146: § 4 of D.C. Law 22-146 provided that the change made to this section by § 2(c) of D.C. Law 22-146 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.