(Mar. 15, 1985, D.C. Law 5-165, § 2(a), 32 DCR 562.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., §§ 6-901 to 6-903.
Legislative History of Laws
For legislative history of D.C. Law 5-165, see Historical and Statutory Notes following § 8-101.04.
Delegation of Authority
Delegation of Authority Pursuant to DC Law 6-100, the "Litter Control Administration Act of 1985;" DC Law 6-42, the "Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985;" DC Law 5-165, the "DC Air Pollution Control Act of 1984;" DC Law 13-172, the "Rodent Control Act of 2000;" and DC Law 6-126, the "Construction Codes Approval and Amendments Act of 1986", see Mayor's Order 2002-5, February 1, 2002 (49 DCR 911).
(a) The Mayor of the District of Columbia shall conduct tests as necessary at least once a year to determine the compliance of Solid Waste Reduction Center Number 1 with the emission standards for incinerators established by the District of Columbia and by the United States Environmental Protection Agency. These tests shall also include determinations of emissions of such other pollutants as may be useful or necessary in the management of the environment in the District of Columbia.
(b) More frequent tests shall be conducted as may be necessary to ensure the operation of Solid Waste Reduction Center Number 1 in compliance with District of Columbia and federal emission standards for incinerators. The need for more frequent tests shall be determined by such factors as visible emission characteristics and operating and maintenance parameters.
(c) The Mayor of the District of Columbia shall promptly submit the results of all tests performed pursuant to this section to the Council of the District of Columbia.
(d) Beginning 3 months after March 15, 1985, and every 6 months thereafter, the Mayor of the District of Columbia shall submit to the Council of the District of Columbia a report regarding Solid Waste Reduction Center Number 1. Each report shall describe, as applicable, but need not be limited to, the following subjects:
(1) The status of any construction or repairs;
(2) Any changes in operational or maintenance procedures instituted since the last report to the Council of the District of Columbia and the effect of the changes on emissions from the facility;
(3) Visible emissions from the facility; and
(4) Anticipated additional funding requirements, if any, to achieve and maintain operation of the facility in compliance with applicable emission limitations.
(Mar. 15, 1985, D.C. Law 5-165, § 4, 32 DCR 562.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-904.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2 of Air Pollution Control Temporary Amendment Act of 1996 (D.C. Law 11-256, April 9, 1997, law notification 44 DCR 2614).
Emergency Act Amendments
For temporary amendment of section, see § 2 of the Air Pollution Control Emergency Amendment Act of 1996 (D.C. Act 11-450, December 5, 1996, 43 DCR 6682), and § 2 of the Air Pollution Control Congressional Review Emergency Amendment Act of 1997 (D.C. Act 12-16, March 3, 1997, 44 DCR 1754).
Legislative History of Laws
Law 5-165, the "District of Columbia Air Pollution Control Act of 1984", was introduced in Council and assigned Bill No. 5-168, which was referred to the Committee on Transportation and Environmental Affairs. The Bill was adopted on first and second readings on December 4, 1984, and December 18, 1984, respectively. Signed by the Mayor on January 11, 1985, it was assigned Act No. 5-230 and transmitted to both Houses of Congress for its review.
Delegation of Authority
Delegation of authority under D.C. Law 5-165, the District of Columbia Air Pollution Control Act of 1984, see Mayor's Order 93-12, February 16, 1993.
Delegation of authority pursuant to D.C. Law 5-165, the "D.C. Air Pollution Control Act of 1984", see Mayor's Order 98-44, April 10, 1998 (45 DCR 2689).
Miscellaneous Notes
Air quality control regulations: D.C. Law 5-165, § 3, the "District of Columbia Air Pollution Control Act of 1984", enacted the air quality control regulations of the District of Columbia as Title 20 of the District of Columbia Municipal Regulations (20 DCMR Chapters 1-9).
(a) The Mayor of the District of Columbia shall prepare a comprehensive program for the control and prevention of air pollution in the District of Columbia. This program shall provide for the administration and enforcement by the Mayor of the District of Columbia of the rules stated in 20 DCMR. As part of the program, the Mayor of the District of Columbia:
(1) Shall conduct research, investigations, experiments, training demonstrations, surveys, and studies, relating to the causes, effects, extent, prevention, and control of air pollution in the District of Columbia;
(2) Shall collect and make available, through publication, educational and training programs, and other appropriate means, the results of, and other information pertaining to, the activities carried out under paragraph (1) of this subsection; and
(3) May advise, cooperate, and enter into agreements with the governments and agencies of any state or political subdivision adjacent to the District of Columbia and any interstate or other regional agency representing these states or political subdivisions to perform the following:
(A) Establish cooperative effort and mutual assistance for the prevention and control of air pollution and the enforcement of their respective air pollution laws; and
(B) Establish any agency as may be necessary to carry out these agreements.
(b) For the purpose of carrying out the mayoral duties under this section, the Mayor of the District of Columbia may:
(1) Delegate the performance of the duties to an agency of the government of the District of Columbia, designated or established by the Mayor of the District of Columbia;
(2) Hold hearings relating to the administration of this section;
(3) Secure necessary scientific, technical, administrative, and operational services, including laboratory facilities, by contract, or otherwise;
(4) Receive and administer grants or gifts made for the purpose of carrying out the purposes of this section; and
(5) Take any other action which may be necessary to carry out the mayoral duties listed in this section.
(Mar. 15, 1985, D.C. Law 5-165, § 5, 32 DCR 562; July 25, 1995, D.C. Law 11-30, § 3, 42 DCR 1547.)
HISTORICAL AND STATUTORY NOTES
Temporary Enactment
For temporary (225 day) addition of section, see § 2 of the Lamond-Riggs Air Quality Study Temporary Act of 2006 (D.C. Law 16-113, June 8, 2006 law notification 53 DCR 5351).
Prior Codifications
1981 Ed., § 6-905.
Emergency Act Amendments
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).
Legislative History of Laws
For legislative history of D.C. Law 5-165, see Historical and Statutory Notes following § 8-101.04.
Law 11-30, the "Technical Amendments Act of 1995," was introduced in Council and assigned Bill No. 11-58, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on February 7, 1995, and March 7, 1995, respectively. Signed by the Mayor on March 22, 1995, it was assigned Act No. 11-32 and transmitted to both Houses of Congress for its review. D.C. Law 11-30 became effective on July 25, 1995.
Miscellaneous 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.
(a) The Mayor may issue or amend any rule needed to comply with the requirements of federal laws and regulations in implementing the District's comprehensive air pollution control program.
(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 period, the proposed rules shall be deemed approved. Nothing in this section shall affect any requirement imposed upon the Mayor by subchapter I of Chapter 5 of Title 2.
(c) The Mayor may also issue or amend any rule needed to implement the provisions of this subchapter pursuant to subchapter I of Chapter 5 of Title 2. Rules issued pursuant to this subsection are not subject to the 45-day Council review period prescribed in subsection (b) of this section.
(Mar. 15, 1985, D.C. Law 5-165, § 6, 32 DCR 562; Apr. 26, 1994, D.C. Law 10-106, § 5, 41 DCR 1014; May 16, 1995, D.C. Law 11-15, § 2, 42 DCR 1392; Apr. 9, 1997, D.C. Law 11-255, § 58, 44 DCR 1271.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-906.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 3 of Air Pollution Control Act of 1984 National Ambient Air Quality Standards Attainment Temporary Amendment Act of 1992 (D.C. Law 9-262, March 27, 1993, law notification 40 DCR 2332).
Emergency Act Amendments
For temporary amendment of section, see § 3 of the Air Pollution Control Act of 1984 National Ambient Air Quality Standards Attainment Emergency Amendment Act of 1992 (D.C. Act 9-390, January 6, 1993, 40 DCR 683).
Legislative History of Laws
For legislative history of D.C. Law 5-165, see Historical and Statutory Notes following § 8-101.04.
Law 10-106, the "Motor Vehicle Biennial Inspection Amendment Act of 1993," was introduced in Council and assigned Bill No. 10-6, which was referred to the Committee on Public Works and the Environment. The Bill was adopted on first and second readings on January 4, 1994, and February 1, 1994, respectively. Signed by the Mayor on February 18, 1994, it was assigned Act No. 10-194 and transmitted to both Houses of Congress for its review. D.C. Law 10-106 became effective on April 26, 1994.
Law 11-15, the "Air Pollution Control Program Regulations Federal Conformity Amendment Act of 1995," was introduced in Council and assigned Bill No. 11-40, which was retained by CounciL. The Bill was adopted on first and second readings on January 17, 1995, and February 7, 1995, respectively. Signed by the Mayor on March 9, 1995, it was assigned Act No. 11-27 and transmitted to both Houses of Congress for its review. D.C. Law 11-15 became effective on May 16, 1995.
Law 11-255, the "Second Technical Amendments Act of 1996," was introduced in Council and assigned Bill No. 11-905, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 7, 1996, and December 3, 1996, respectively. Signed by the Mayor on December 24, 1996, it was assigned Act No. 11-519 and transmitted to both Houses of Congress for its review. D.C. Law 11-255 became effective on April 9, 1997.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 5-165, District of Columbia Air Pollution Control Act of 1984, see Mayor's Order 88-62, March 15, 1988.
Resolutions
Resolution 14-106, the "Air Quality Regulations Amendment Emergency Approval Resolution of 2001", was approved effective May 1, 2001.
Resolution 15-510, the "Air Quality Control Regulation Implementing Sections 182 and 185 of the Federal Clean Air Act Emergency Approval Resolution of 2004", was approved effective April 4, 2004.
Resolution 15-512, the "Air Quality Control Regulation Implementing the Severe Area Non-attainment Requirements of the Federal Clean Air Act Emergency Approval Resolution of 2004", was approved effective April 4, 2004.
Miscellaneous Notes
Application of Law 10-106: Section 6(b) of D.C. Law 10-106 provided that § 5 of the act shall apply as of September 30, 1993.
District of Columbia Air Pollution Control Act of 1984 Proposed Rulemaking Approval Resolution of 1998: Pursuant to Resolution 12-(PR12-693), effective June 19, 1998, the Council approved the proposed rulemaking to amend Chapters 1 through 5 and Chapters 7 and 8 of Title 20 (Environment) DCMR, issued pursuant to the "District of Columbia Air Pollution Control Act of 1984".
