The Council of the District of Columbia ("Council") finds that:
(1) The District of Columbia ("District") disposes of its solid waste by incineration at the Benning Road Solid Waste Reduction Center #1 ("SWRC #1") or burying it at the Lorton Landfill, located on Interstate 95.
(2) Approximately 2,000 tons of solid waste from the District is buried in the Lorton Landfill each day and approximately 700 tons are burned at SWRC #1 each day.
(3) The increasing volume and variety of solid waste generated in the District create conditions that threaten the public health, safety, and well-being by contributing to land pollution, a waste of resources, the production of flies, rodents, litter, and the general deterioration of the environment.
(4) The traditional methods of solid waste management for the District, which are directed largely at land disposal and incineration, may not meet the future demands of the growing amount of municipal solid waste and the increase in non-biodegradable materials contained in solid waste.
(5) Methods of solid waste management that emphasize source reduction and recycling are essential to the long-range preservation of the health, safety, and well-being of the public, the economic productivity and environmental quality of the District, and the conservation of resources.
(6) Removing certain materials from the District solid waste stream will decrease the flow of solid waste to the Lorton Landfill, aid in the conservation of valuable resources, and reduce substantially the required capacity of proposed solid waste disposal facilities.
(7) There is no office, division, or personnel, within the District government, devoted specifically to the issues attendant to recycling.
(8) The Council can most appropriately demonstrate its long-term commitment to environmental protection and effective solid waste management by establishing a proper solid waste separation and recycling program and increasing the purchase of recycled products by agencies and instrumentalities of the District government.
(9) Many other jurisdictions, including Fairfax County, Virginia; Montgomery County, Maryland; and many states, including New Jersey, California, and Washington, include recycling as part of their solid waste stream management.
(10) Private group recycling efforts within the District should be encouraged and coordinated with the efforts of the District government.
(11) Efforts should be made by the District government to explore the feasibility of establishing joint recycling programs with neighboring jurisdictions.
(Mar. 16, 1989, D.C. Law 7-226, § 2, 36 DCR 595.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3401.
Temporary Addition of Section
For temporary (225 day) additions, see §§ 2 to 11 of Solid Waste Facility Permit Temporary Act of 1994 (D.C. Law 10-251, March 23, 1995, law notification 42 DCR 1650).
Emergency Act Amendments
For temporary addition of chapter, see §§ 2-11 of the Solid Waste Facility Permit Emergency Act of 1994 (D.C. Act 10-384, December 28, 1994, 42 DCR 45).
Legislative History of Laws
Law 7-226, the "District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988," was introduced in Council and assigned Bill No. 7-378, which was referred to the Committee on Public Works. The Bill was adopted on first and second readings on November 29, 1988 and December 13, 1988, respectively. Signed by the Mayor on January 10, 1989, it was assigned Act. No. 7-301 and transmitted to both Houses of Congress for its review.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 10-251, the "Solid Waste Facility Permit Temporary Act of 1994", see Mayor's Order 95-754, May 19, 1995.
Delegation of Authority under the District of Columbia Solid Waste Disposal Act of 1989 [21 DCMR 700.1 et seq.], see Mayor's Order 2005-123, August 29, 2005 (52 DCR 8666).
Resolutions
Resolution 16-395, the ''Solid Waste Disposal Fee Regulation Amendment Approval Resolution of 2005. [21 DCMR 700.1 et seq.]", was approved effective November 26, 2005.
In enacting this subchapter, the Council supports the following purposes:
(1) To increase the life expectancy of the Interstate 95 Landfill and decrease the need for future expansion of alternative refuse disposal facilities through a comprehensive program of solid waste stream reduction.
(2) To develop alternative methods of recovering resources from solid waste, recommend uses for the recovered resources, and determine the impact of the distribution of the resources in existing markets.
(3) To identify methods of collection, reduction, and separation that will promote more efficient use of solid waste disposal facilities and contribute to more effective programs for the reuse of solid waste.
(4) To employ District government procurement procedures to develop market demand for recovered resources, with special emphasis on maximum District government use of recycled paper.
(5) To encourage public agencies, private organizations, and individuals to participate in the reclamation and recycling of resources from solid wastes.
(6) To promote policies of energy conservation, environmental protection, economic productivity, and cost-effectiveness in the District.
(Mar. 16, 1989, D.C. Law 7-226, § 3, 36 DCR 595.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3402.
Legislative History of Laws
For legislative history of D.C. Law 7-226, see Historical and Statutory Notes following § 8-1001.
For the purposes of this subchapter, the term:
(1) "Commercial solid waste stream" means that part of the solid waste stream that is not collected by the District government.
(2) "Commercial property" means any property that does not receive solid waste collection services from the District government.
(3) "Compost" means the substance produced through the decomposition of organic materials, including wood, paper, mulch, yard, and food waste, that is capable of being used as a soil amendment.
(4) "Composting" means the decomposition of organic materials to form compost.
(5) "Construction and demolition wastes" means the waste building materials and rubble resulting from construction, remodeling, repair, and demolition operation on houses, commercial buildings, pavements, and other structures.
(6) "Disposition" means the transport, placement, reuse, sale, donation, transfer, or temporary storage, for a period not exceeding 6 months, of recyclable materials for all possible uses except disposal as solid waste.
(7) "Intermediate processing facility" means a facility where commingled solid waste can be separated, processed, stored, assembled, and prepared for sale or other disposition, except incineration or burial.
(8) "Market" means the disposition of recyclable materials that are source separated in the District and exchanged for fair market value.
(9) "Multi-material recycling buy-back center" means any publicly or privately operated facility that pays the public for recyclable materials.
(10) "Office building" means any commercial property where the primary functions are the transaction of administrative, business, civic, or professional services including any library, museum, university, or other facility where handling goods, wares, or merchandise, in limited quantities, is accessory to the primary occupancy or use.
(11) "Paper" means all newspaper, high-grade office paper, fine paper, bond paper, offset paper, xerographic paper, memo paper, duplicator paper, continuous form paper, envelopes, printed material, or related cellulosic material containing not more than 10% by weight or volume of non-cellulosic material such as laminates, binders, coatings, or saturants.
(12) "Paper product" means any paper item or commodity, including paper napkins, towels, corrugated and other cardboard, construction material, toilet tissue, and related cellulosic products containing not more than 10% by weight or volume of non-cellulosic materials such as laminates, binders, coatings, or saturants.
(13) "Recycling" means a resource recovery method that involves the collection and treatment of waste material that can be reprocessed and returned to the economic mainstream as raw material or products.
(14) "Recyclable material" means material that would otherwise become municipal solid waste, and that may be collected, separated, or processed and returned to the economic mainstream as a raw material or product.
(15) "Recycled paper" means any paper the total weight of which is not less than 40% secondary waste paper material.
(16) "Recycled paper product" means any paper product consisting of not less than 40% secondary waste paper material.
(17) "Recycling service" means the service provided by a person engaged in the business of recycling, including the collection, processing, storage, purchase, sale, or disposition of recyclable materials.
(18) "Residential solid waste stream" means that part of the solid waste stream that is collected by the District government.
(19) "Residential property" means property that receives solid waste collection services from the District government including single family dwellings and any building or structure containing 3 or fewer dwelling units used exclusively for residential purposes.
(20) "Source separated recyclable material" means a recyclable material, including paper, metal, glass, yard waste, office paper, or plastic that is stored separately from residential and commercial solid waste for the purposes of collection, disposition, and recycling.
(21) "Solid waste" means garbage, refuse, or any other waste product including solid, liquid, semisolid, or contained gaseous material resulting from an industrial, commercial, or government operation or a community activity.
(22) "Solid waste stream" means all residential and commercial garbage or refuse generated within the District that, unless recycled, would be disposed of by landfilling or incineration.
(23) "White goods" means refrigerators, stoves, ice freezers or appliances that may contain chlorofluorocarbons.
(24) "Yard waste" means any organic material, except food, and includes wood, mulch, leaves, or plants.
(Mar. 16, 1989, D.C. Law 7-226, § 4, 36 DCR 595; Mar. 15, 1990, D.C. Law 8-93, § 2(a), 37 DCR 780; Sept. 8, 1990, D.C. Law 8-154, § 2(a), 37 DCR 4045; Feb. 5, 1994, D.C. Law 10-68, § 19(a), 40 DCR 6311; Sept. 24, 1994, D.C. Law 10-178, § 3(a), 41 DCR 5205.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3403.
Legislative History of Laws
For legislative history of D.C. Law 7-226, see Historical and Statutory Notes following § 8-1001.
Law 8-93, the "District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 Amendment Temporary Act of 1989," was introduced in Council and assigned Bill No. 8-484. The Bill was adopted on first and second readings on December 5, 1989, and December 19, 1989, respectively. Signed by the Mayor on January 11, 1990, it was assigned Act No. 8-144 and transmitted to both Houses of Congress for its review. Law 8-93 became effective on March 15, 1990.
Law 8-154, the "Recycling Clarification Amendment Act of 1990," was introduced in Council and assigned Bill No. 8-408, which was referred to the Committee on Public Works. The Bill was adopted on first and second readings on May 15, 1990, and May 29, 1990, respectively. Signed by the Mayor on June 14, 1990, it was assigned Act No. 8-215 and transmitted to both Houses of Congress for its review.
D.C. Law 10-68, the "Technical Amendments Act of 1993," was introduced in Council and assigned Bill No. 10-166, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on June 29, 1993, and July 13, 1993, respectively. Signed by the Mayor on August 23, 1993, it was assigned Act No. 10-107 and transmitted to both Houses of Congress for its review. D.C. Law 10-68 became effective on February 5, 1994.
Law 10-178, the "District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 Amendment Act of 1994," was introduced in Council and assigned Bill No. 10-10, which was referred to the Committee on Public Works and the Environment. The Bill was adopted on first and second readings on June 7, 1994, and July 5, 1994, respectively. Signed by the Mayor on July 26, 1994, it was assigned Act No. 10-303 and transmitted to both Houses of Congress for its review. D.C. Law 10-178 became effective on September 24, 1994.
(a) The following waste management hierarchy is established for the District:
(1) Volume reduction at the source;
(2) Recycling, composting, and reuse; or
(3) Disposal in landfill facilities.
(b) On October 1, 1989, December 1, 1993, and every two years thereafter, the Mayor shall submit to the Council, for review, a comprehensive solid waste management plan consistent with the purposes in § 8-1002 and the hierarchy in subsection (a) of this section. The plan shall include the following:
(1) A comprehensive analysis of the solid waste stream composition of the District for the next 10 years;
(2) A comprehensive analysis of the solid waste disposal and recycling systems of the District for the next 20 years, including an assessment of the life expectancy of the Lorton Landfill;
(3) An analysis of the market for recycled materials;
(4) An analysis of recycling opportunities in the Washington Metropolitan Area;
(5) An analysis of the feasibility of establishing local markets for recyclable materials in and near the District; and
(6) An assessment of the risks of waste management alternatives.
(c) The Mayor shall consult with the Environmental Planning Commission established pursuant to § 3-1001, and private entities and individuals in implementing the provisions of this subchapter.
(Mar. 16, 1989, D.C. Law 7-226, § 5, 36 DCR 595; Sept. 24, 1994, D.C. Law 10-178, § 3(b), 41 DCR 5205.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3404.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(a) of District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 Temporary Amendment Act of 1992 (D.C. Law 9-263, March 27, 1993, law notification 40 DCR 2333).
For temporary (225 day) amendment of section, see § 2(a) of District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 Temporary Amendment Act of 1993 (D.C. Law 10-86, March 19, 1994, law notification 41 DCR 1636).
Emergency Act Amendments
For temporary amendment of section, see § 2(a) of the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 Emergency Amendment Act of 1992 (D.C. Act 9-346, December 22, 1992, 40 DCR 141).
For temporary amendments of section, see § 2(a) of the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 Emergency Amendment Act of 1993 (D.C. Act 10-147, November 4, 1993, 40 DCR 8091) and § 2(a) of the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 Congressional Review Emergency Amendment Act of 1994 (D.C. Act 10-185, February 2, 1994, 41 DCR 627).
Legislative History of Laws
For legislative history of D.C. Law 7-226, see Historical and Statutory Notes following § 8-1001.
For legislative history of D.C. Law 10-178, see Historical and Statutory Notes following § 8-1003.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 7-226, the "D.C. Solid Waste Management & Multi-Material Recycling Act of 1988", see Mayor's Order 89-160, July 20, 1989.
The Mayor shall not construct or retrofit any facility in the District for the purpose of solid waste incineration or resource recovery through incineration until all of the provisions of this subchapter are implemented or a 25% reduction in the solid waste stream is achieved through District-wide recycling, whichever comes first.
(Mar. 16, 1989, D.C. Law 7-226, § 6, 36 DCR 595.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3405.
Legislative History of Laws
For legislative history of D.C. Law 7-226, see Historical and Statutory Notes following § 8-1001.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 7-226, the "D.C. Solid Waste Management & Multi-Material Recycling Act of 1988", see Mayor's Order 89-160, July 20, 1989.
(a) The Mayor shall adhere to recovery targets for recyclable materials which shall include, at a minimum, the following schedule:
(1) The recycling of at least 10% of the total commercial solid waste stream of the prior year by the end of the first full year that the mandatory source separation requirements of § 8-1007(a) are in effect;
(2) The recycling of at least 15% of the total solid waste stream of the prior year by the end of the first full year that the mandatory source separation requirements of § 8-1007(c) are in effect;
(3) The recycling of at least 35% of the total solid waste stream of the District by October 1, 1992; and
(4) The recycling of at least 45% of the total solid waste stream of the District by October 1, 1994.
(b) For the purpose of this section, the term "total solid waste stream" means the sum of the residential and commercial solid waste stream disposed of as solid waste, measured in tons, plus the total number of residential and commercial recyclable materials recycled.
(c) The calculation of the recyclable materials recovery targets shall consist of the sum of the total solid waste stream divided by the sum of the residential and commercial recyclable materials recycled.
(Mar. 16, 1989, D.C. Law 7-226, § 7, 36 DCR 595; Sept. 24, 1994, D.C. Law 10-178, § 3(c), 41 DCR 5205.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3406.
Legislative History of Laws
For legislative history of D.C. Law 7-226, see Historical and Statutory Notes following § 8-1001.
For legislative history of D.C. Law 10-178, see Historical and Statutory Notes following § 8-1003.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 7-226, the "D.C. Solid Waste Management & Multi-Material Recycling Act of 1988", see Mayor's Order 89-160, July 20, 1989.
(a) By October 1, 1989, owners and occupants of commercial property shall separate from their solid waste, bundle or containerize, and provide for the recycling of all newspaper. In addition, owners and occupants of office buildings, including the District government, shall separate for collection and provide for the recycling of all paper, as required by the Mayor by rules issued pursuant to § 8-1018.
(b) By October 1, 1990, owners and occupants of commercial property shall separate for collection and provide for the recycling of all glass and metal.
(c) By October 1, 1989, occupants of residential property shall separate from their solid waste and separately bundle or containerize all yard waste and newspaper for recycling, as required by the Mayor by rules pursuant to § 8- 1018. The Mayor shall provide recycling collection services for yard waste and newspaper no less than twice each month and notify all residents receiving collection services from the District of scheduled collection days as required by subsection (e) of this section.
(d) By April 1, 1990, occupants of residential property shall separate from their solid waste and containerize all metals and glass in 1 container as required by the Mayor by rules issued pursuant to § 8-1018. The Mayor shall provide collection services and establish a collection schedule to implement this subsection pursuant to subsection (e) of this section.
(e) The Mayor shall, by July 1, 1989, and at least once every 6 months after that date, notify all persons occupying residential premises within the District of local recycling opportunities, the dates for collection of source separated materials, and all other source separation requirements of this subchapter. In order to fulfill the notification requirements of this subsection, the Mayor shall advertise in a newspaper with wide circulation in the District, post in public places, and mail notice with the residential water and sewer bills as the Mayor deems necessary and appropriate.
(f) The Mayor shall have the authority to mandate the source separation and recycling of any other component of the solid waste stream by owners and occupants of residential and commercial properties in the District of Columbia.
(Mar. 16, 1989, D.C. Law 7-226, § 8, 36 DCR 595; Mar. 15, 1990, D.C. Law 8-93, § 2(b), 37 DCR 780; Sept. 8, 1990, D.C. Law 8-154, § 2(b), 37 DCR 4045; Sept. 24, 1994, D.C. Law 10-178, § 3(d), 41 DCR 5205.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3407.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(b) of District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 Temporary Amendment Act of 1992 (D.C. Law 9-263, March 27, 1993, law notification 40 DCR 2333).
For temporary (225 day) amendment of section, see § 2(b) of District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 Temporary Amendment Act of 1993 (D.C. Law 10-86, March 19, 1994, law notification 41 DCR 1636).
Emergency Act Amendments
For temporary amendment of section, see § 2(b) of the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 Emergency Amendment Act of 1992 (D.C. Act 9-346, December 22, 1992, 40 DCR 141).
For temporary amendments of section, see § 2(b) of the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 Emergency Amendment Act of 1993 (D.C. Act 10-147, November 4, 1993, 40 DCR 8091) and § 2 (b) of the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 Congressional Review Emergency Amendment Act of 1994 (D.C. Act 10-185, February 2, 1994, 41 DCR 627).
Legislative History of Laws
For legislative history of D.C. Law 7-226, see Historical and Statutory Notes following § 8-1001.
For legislative history of D.C. Law 8-93, see Historical and Statutory Notes following § 8-1003.
For legislative history of D.C. Law 8-154, see Historical and Statutory Notes following § 8-1003.
For legislative history of D.C. Law 10-178, see Historical and Statutory Notes following § 8-1003.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 7-226, the "D.C. Solid Waste Management & Multi-Material Recycling Act of 1988", see Mayor's Order 89-160, July 20, 1989.
(a) The Office of Recycling is established as a single administrative unit within the executive office of the Director of the Department of Public Works to administer the recycling program in the District.
(b) The duties of the Office shall include to:
(1) Coordinate, supervise, and implement the mandatory source separation program established by § 8-1007, including a system to respond to citizen inquiries;
(2) Ensure the adherence of the District to target dates for solid waste reduction pursuant to § 8-1006;
(3) Develop an educational and promotional campaign, in conjunction with the Environmental Planning Commission, for commercial and residential solid waste generators on the mandatory source separation program and recycling;
(4) Research the technology available for solid waste utilization, including recycling;
(5) Identify potential markets for recyclable materials and obtain statements of interest for recovered materials;
(6) Identify the amount and characteristics of the solid waste stream in the District;
(7) Provide an assessment of the potential impact of alternative methods of solid waste management, including the public health, physical, social, economic, fiscal, environmental, and aesthetic implications;
(8) Conduct and evaluate the results of public forums or surveys of local citizen opinion on solid waste management practices in conjunction with the Environmental Planning Commission;
(9) Make site analyses;
(10) Coordinate efforts to stimulate markets for recycled materials, including District government purchasing policies;
(11) Serve as a liaison between the District and neighboring jurisdictions in developing a regional recycling and waste reduction campaign;
(12) Develop a semi-annual household hazardous waste collection day to educate citizens on household hazardous waste and convenient and safe disposal through separate collection; and
(13) License businesses and vehicles to engage in the collection or transportation of recyclable materials as required by this subchapter or by rules issued pursuant to § 8-1018.
(c) Within 90 days of March 16, 1989, the Mayor shall designate a Recycling Coordinator who shall head the Office of Recycling.
(Mar. 16, 1989, D.C. Law 7-226, § 9, 36 DCR 595; Sept. 8, 1990, D.C. Law 8-154, § 2(c), 37 DCR 4045; Sept. 24, 1994, D.C. Law 10-178, § 3(e), 41 DCR 5205; Apr. 18, 1996, D.C. Law 11-110, § 16, 43 DCR 530.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3408.
Legislative History of Laws
For legislative history of D.C. Law 7-226, see Historical and Statutory Notes following § 8-1001.
For legislative history of D.C. Law 8-154, see Historical and Statutory Notes following § 8-1003.
For legislative history of D.C. Law 10-178, see Historical and Statutory Notes following § 8-1003.
Law 11-110, the "Technical Amendments Act of 1996," was introduced in Council and assigned Bill No. 11-485, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 5, 1995, and January 4, 1996, respectively. Signed by the Mayor on January 26, 1996, it was assigned Act No. 11-199 and transmitted to both Houses of Congress for its review. D.C. Law 11-110 became effective on April 18, 1996.
Nothing in this subchapter shall limit the right of an individual to donate, sell, or otherwise dispose of his or her recyclable materials.
(Mar. 16, 1989, D.C. Law 7-226, § 10, 36 DCR 595.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3409.
Legislative History of Laws
For legislative history of D.C. Law 7-226, see Historical and Statutory Notes following § 8-1001.
(a) The Mayor shall establish, on or before October 1, 1989, at least 1 multi-material buy-back center in the District, which shall be publicly or privately operated and pay the public for recyclable materials.
(b) The Mayor shall establish at least 1 intermediate processing facility in the District to receive recyclable materials designated for source separation pursuant to this subchapter and any other recyclable materials designated by the Mayor.
(Mar. 16, 1989, D.C. Law 7-226, § 11, 36 DCR 595.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3410.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(c) of District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 Temporary Amendment Act of 1992 (D.C. Law 9-263, March 27, 1993, law notification 40 DCR 2333).
For temporary (225 day) amendment of section, see § 2(c) of District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 Temporary Amendment Act of 1993 (D.C. Law 10-86, March 19, 1994, law notification 41 DCR 1636).
Emergency Act Amendments
For temporary amendment of section, see § 2(c) of the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 Emergency Amendment Act of 1992 (D.C. Act 9-346, December 22, 1992, 40 DCR 141).
For temporary amendments of section, see § 2(c) of the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 Emergency Amendment Act of 1993 (D.C. Act 10-147, November 4, 1993, 40 DCR 8091) and § 2(c) of the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 Congressional Review Emergency Amendment Act of 1994 (D.C. Act 10-185, February 2, 1994, 41 DCR 627).
Legislative History of Laws
For legislative history of D.C. Law 7-226, see Historical and Statutory Notes following § 8-1001.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 7-226, the "D.C. Solid Waste Management & Multi-Material Recycling Act of 1988", see Mayor's Order 89-160, July 20, 1989.
(a) The Mayor may enter into contracts or agreements on behalf of the District for recycling services or the operation of a multi-material recycling buy-back center and an intermediate processing facility for the collection, storage, processing, and disposition of recyclable materials designated to be source separated pursuant to this subchapter, if these services are not otherwise provided by the District government. The Director of the Department of Public Works shall enter into contracts or agreements to market recyclable materials, including the sale or disposition of recyclable materials, and shall purchase or lease any equipment necessary to facilitate the marketing of recyclable materials.
(b) The Mayor may issue grants for solid waste and recycling research, collecting, marketing, and other services to universities and nonprofit institutions, and businesses with funds generated by the recycling surcharge authorized pursuant to § 8-1015.
(Mar. 16, 1989, D.C. Law 7-226, § 12, 36 DCR 595; Mar. 15, 1990, D.C. Law 8-93, § 2(c), 37 DCR 780; Sept. 8, 1990, D.C. Law 8-154, § 2(d), 37 DCR 4045; Sept. 24, 1994, D.C. Law 10-178, § 3(f), 41 DCR 5205.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3411.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(d) of District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 Temporary Amendment Act of 1992 (D.C. Law 9-263, March 27, 1993, law notification 40 DCR 2333).
For temporary (225 day) amendment of section, see § 2(d) of District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 Temporary Amendment Act of 1993 (D.C. Law 10-86, March 19, 1994, law notification 41 DCR 1636).
Emergency Act Amendments
For temporary amendment of section, see § 2(d) of the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 Emergency Amendment Act of 1992 (D.C. Act 9-346, December 22, 1992, 40 DCR 141).
For temporary amendments of section, see § 2(d) of the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 Emergency Amendment Act of 1993 (D.C. Act 10-147, November 4, 1993, 40 DCR 8091) and § 2(d) of the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 Congressional Review Emergency Amendment Act of 1994 (D.C. Act 10-185, February 2, 1994, 41 DCR 627).
Legislative History of Laws
For legislative history of D.C. Law 7-226, see Historical and Statutory Notes following § 8-1001.
For legislative history of D.C. Law 8-93, see Historical and Statutory Notes following § 8-1003.
For legislative history of D.C. Law 8-154, see Historical and Statutory Notes following § 8-1003.
For legislative history of D.C. Law 10-178, see Historical and Statutory Notes following § 8-1003.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 7-226, the "D.C. Solid Waste Management & Multi-Material Recycling Act of 1988", see Mayor's Order 89-160, July 20, 1989.
The Mayor shall, to the maximum extent practicable and feasible, use compost materials in any land maintenance activity operated with public funds and make compost materials available to the public.
(Mar. 16, 1989, D.C. Law 7-226, § 13, 36 DCR 595.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3412.
Legislative History of Laws
For legislative history of D.C. Law 7-226, see Historical and Statutory Notes following § 8-1001.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 7-226, the "D.C. Solid Waste Management & Multi-Material Recycling Act of 1988", see Mayor's Order 89-160, July 20, 1989.
(a) The Mayor shall modify all bid specifications relating to the purchase of paper and paper products to promote the maximum purchase of paper and products made from recycled paper and recycled paper products. Preference shall be given to recycled paper and recycled paper products, unless the price of the paper and paper products is not competitive for the purpose intended. For the purposes of this section, the term "competitive" means a price within 10% of the price of items that are manufactured or produced from virgin paper products.
(b) The Mayor shall make a yearly written determination as to whether the price of recycled paper and recycled paper products is competitive, and on the percentage of recycled paper and recycled paper products purchased by the District government during the prior year. The Mayor shall submit a copy of the report to the Council on January 1, 1990, and on January 1st of each subsequent year.
(c) Unless the price of recycled paper and recycled paper products is not competitive as determined by the Mayor pursuant to subsection (b) of this section, the percentage of the total amount of paper or paper products made from recycled paper or recycled paper products purchased by the District shall be as follows:
(1) Not less than 15% by October 1, 1990;
(2) Not less than 30% by October 1, 1991; and
(3) Not less than 45% by October 1, 1992.
(d) The Mayor, after formal advertisement and solicitation of proposals for recycled paper or recycled paper products, may award a contract for paper or paper products manufactured or produced from virgin paper products in the manner prescribed by law, if no competitive proposals for recycled paper or recycled paper products are received. The award of a contract for virgin paper products shall not relieve the Mayor of any future obligation to contract for recycled paper or recycled paper products.
(e) The Mayor shall investigate other products that are recyclable or composed, in whole or in part, of recycled materials that can be purchased for use by the District government and submit a report on the findings of the investigation and a plan for the purchase of other recycled products including glass, plastics, and tires within 6 months after March 16, 1989.
(Mar. 16, 1989, D.C. Law 7-226, § 14, 36 DCR 595.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3413.
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 2(e) of District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 Temporary Amendment Act of 1992 (D.C. Law 9-263, March 27, 1993, law notification 40 DCR 2333).
For temporary (225 day) amendment of section, see § 2(e) of District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 Temporary Amendment Act of 1993 (D.C. Law 10-86, March 19, 1994, law notification 41 DCR 1636).
Emergency Act Amendments
For temporary amendment of section, see § 2(e) of the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 Emergency Amendment Act of 1992 (D.C. Act 9-346, December 22, 1992, 40 DCR 141).
For temporary amendments of section, see § 2(e) of the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 Emergency Amendment Act of 1993 (D.C. Act 10-147, November 4, 1993, 40 DCR 8091) and § 2(e) of the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 Congressional Review Emergency Amendment Act of 1994 (D.C. Act 10-185, February 2, 1994, 41 DCR 627).
Legislative History of Laws
For legislative history of D.C. Law 7-226, see Historical and Statutory Notes following § 8-1001.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 7-226, the "D.C. Solid Waste Management & Multi-Material Recycling Act of 1988", see Mayor's Order 89-160, July 20, 1989.
(a) Beginning on January 15, 1991, and on each January 15th of each subsequent year, the Mayor shall submit a recycling report to the Council for review, which shall contain the following:
(1) The tonnage of solid waste generated, disposed of, and recycled by the District;
(2) An evaluation of the mandatory recycling program established pursuant to this subchapter;
(3) The tonnage of paper collected and recycled from District government offices;
(4) The revenue generated through the disposition of recycled materials for the District;
(5) The approximate cost avoidance achieved through the District's mandatory recycling program;
(6) The overall success of meeting the recovery targets set forth in § 8- 1006;
(7) An evaluation of markets for recycled materials and how District policies have stimulated markets;
(8) An evaluation of the educational and promotional campaign on the mandatory source separation program as developed by the District of Columbia Recycling Coordinator pursuant to § 8-1008.
(b) By October 1, 1989, the Mayor shall submit to the Council a plan for the following:
(1) The recovery of tires from the solid waste stream for reuse, recycling, or other disposition;
(2) The segregation, treatment, labeling, tracking, transportation, and disposition of medical, infectious, and hazardous waste;
(3) The recycling and reuse of construction and demolition wastes;
(4) The provision of tax incentives and low interest loans to District businesses and residents that use recycled products or purchase or lease recycling equipment;
(5) The recycling of plastic polystyrene and polyvinyl chloride containers.
(Mar. 16, 1989, D.C. Law 7-226, § 15, 36 DCR 595; Sept. 24, 1994, D.C. Law 10-178, § 3(g), 41 DCR 5205.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3414.
Legislative History of Laws
For legislative history of D.C. Law 7-226, see Historical and Statutory Notes following § 8-1001.
For legislative history of D.C. Law 10-178, see Historical and Statutory Notes following § 8-1003.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 7-226, the "D.C. Solid Waste Management & Multi-Material Recycling Act of 1988", see Mayor's Order 89-160, July 20, 1989.
(a)(1) The Mayor shall impose a recycling surcharge on all persons who dispose of solid waste through the solid waste disposal system of the District to offset the cost of developing new and additional methods of solid waste management.
(2) The Mayor shall provide a credit to apply to the recycling surcharge imposed by this subsection for persons who pay the fee imposed by subsection (b) of this section which credit shall be equivalent to the recycling surcharge imposed by this subsection.
(b) The Mayor shall impose a collection fee, for the privilege of collecting solid waste as a commercial activity, on all persons licensed to collect solid waste in the District. The collection fee shall be equivalent to the recycling surcharge authorized in subsection (a) of this section.
(c) Persons subject to the recycling surcharge or the collection fee imposed pursuant to this section shall:
(1) Submit periodic reports to the Mayor at the times specified by regulation; the reports shall contain all information the Mayor considers reasonably necessary to determine compliance with this subchapter, including the quantity of solid waste collected and disposed of; and
(2) Retain records of solid waste collected and disposed of for 3 years or such other period of time as the Mayor may prescribe.
(d) For the purpose of ensuring compliance with this section, the Mayor may periodically inspect all records, documents, or data compilations in the possession or control of persons subject to the recycling surcharge or collection fee required by this section. Inspections shall take place during normal operating hours.
(e) Failure to maintain records, submit periodic reports, or pay the recycling surcharge or collection fee required by this section may result in the imposition of 1 or more of the following penalties:
(1) A $25,000 fine;
(2) An assessment of twice the amount of the recycling surcharge or fee due; or
(3) Suspension or revocation of a solid waste collector's license issued pursuant to section 606(a) of Chapter 3 of Title 8 of the District of Columbia Health Regulations, issued June 29, 1971 (Reg. 71-21; 21 DCMR 710).
(f) Money generated from the recycling surcharge and collection fee required by this section shall be used for the purposes set forth in subsection (a)(1) of this section. Any monies not expended at the end of a fiscal year shall revert to the unrestricted fund balance of the General Fund of the District of Columbia.
(g) On January 15th of each year the Mayor shall submit to the Council the following:
(1) An annual report on all income received from the recycling surcharge and collection fee during the previous fiscal year;
(2) A line-item report on all disbursements for recycling activities during the previous fiscal year; and
(3) A proposed plan for the use of all monies for recycling activities for the current fiscal year.
(h) The proposed plan submitted by the Mayor pursuant to subsection (g)(3) of this section shall be submitted to the Council for approval, in whole or in part, by resolution. Expenditure for recycling activities shall be subject to Council approval of the proposed plan.
(Mar. 16, 1989, D.C. Law 7-226, § 16, 36 DCR 595; May 20, 1994, D.C. Law 10-117, § 8(b), 41 DCR 524; Sept. 24, 1994, D.C. Law 10-178, § 3(h), 41 DCR 5205; May 9, 1995, D.C. Law 11-12, § 2(a), 42 DCR 1265; Apr. 18, 1996, D.C. Law 11-110, § 63, 43 DCR 530; Apr. 9, 1997, D.C. Law 11-255, § 15, 44 DCR 1271; Sept. 14, 2011, D.C. Law 19-21, § 9098, 58 DCR 6226.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3415.
Effect of Amendments
D.C. Law 19-21, in subsec. (f), substituted "for the purposes set forth in subsection (a)(1) of this section. Any monies not expended at the end of a fiscal year shall revert to the unrestricted fund balance of the General Fund of the District of Columbia" for "to fund recycling activities in the District, no more than 25% of which shall go to fund the recycling educational and promotional activities of the Environmental Planning Commission".
Temporary Amendments of Section
For temporary (225 day) amendment of section, see § 7(b) of Illegal Dumping Enforcement Temporary Act of 1993 (D.C. Law 10-62, November 20, 1993, law notification 40 DCR 8455).
For temporary (225 day) amendment of section, see § 2 of Recycling Fee and Illegal Dumping Temporary Amendment Act of 1994 (D.C. Law 10-191, October 1, 1994, law notification 41 DCR 6934).
Temporary Addition of Section
For temporary (225 day) addition, see § 3 of (D.C. Law 17-13, July 17, 2007, law notification 54 DCR 8682).
Emergency Act Amendments
For temporary amendments of section, see § 7(b) of the Illegal Dumping Enforcement Emergency Act of 1993 (D.C. Act 10-89, August 4, 1993, 40 DCR 6074) and § 7(b) of the Illegal Dumping Enforcement Congressional Recess Emergency Act of 1993 (D.C. Act 10-138, November 1, 1993, 40 DCR 7741).
For temporary amendment of section, see § 2 of the Recycling Fee and Illegal Dumping Emergency Amendment Act of 1994 (D.C. Act 10-269, July 7, 1994, 41 DCR 4669).
For temporary (90 day) addition, see § 3 of Solid Waste Disposal Fee Emergency Amendment Act of 2007 (D.C. Act 17-32, April 19, 2007, 54 DCR 4083).
Legislative History of Laws
For legislative history of D.C. Law 7-226, see Historical and Statutory Notes following § 8-1001.
Law 10-117, the "Illegal Dumping Enforcement Act of 1994," was introduced in Council and assigned Bill No. 10-249, which was referred to the Committee on Public Works and the Environment. The Bill was adopted on first and second readings on December 7, 1993, and January 4, 1994, respectively. Signed by the Mayor on January 25, 1994, it was assigned Act No. 10-181 and transmitted to both Houses of Congress for its review. D.C. Law 10-117 became effective on May 20, 1994.
For legislative history of D.C. Law 10-178, see Historical and Statutory Notes following § 8-1003.
For legislative history of D.C. Law 11-12, see Historical and Statutory Notes following § 8-1015.01.
For legislative history of D.C. Law 11-110, see Historical and Statutory Notes following § 8-1008.
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.
For history of Law 19-21, see notes under § 8-102.03.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 11-12, the "D.C. Recycling Fee and Illegal Dumping Amendment Act of 1995", see Mayor's Order 95-89, June 22, 1995.
The Mayor shall collect a recycling fee of $2 for each new motor vehicle tire sold in the District of Columbia. The proceeds from this fee shall be included with the recycling surcharge and collection fees under § 8-1015. Persons subject to this recycling fee shall not be responsible for requirements under § 8-1015(c).
(Mar. 16, 1989, D.C. Law 7-226, § 16a, as added May 9, 1995, D.C. Law 11- 12, § 2(b), 42 DCR 1265.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3415.1.
Legislative History of Laws
Law 11-12, the "Recycling Fee and Illegal Dumping Amendment Act of 1995," was introduced in Council and assigned Bill No. 11-15, 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 6, 1995, it was assigned Act No. 11-23 and transmitted to both Houses of Congress for its review. D.C. Law 11-12 became effective on May 9, 1995.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 11-12, the "D.C. Recycling Fee and Illegal Dumping Amendment Act of 1995", see Mayor's Order 95-89, June 22, 1995.
The Mayor shall maintain a central clearinghouse for information regarding the implementation of this subchapter and recycling in general. The clearinghouse shall provide data regarding solid waste research and planning, solid waste management policies, markets for recyclable materials, and regional cooperation.
(Mar. 16, 1989, D.C. Law 7-226, § 17, 36 DCR 595.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3416.
Legislative History of Laws
For legislative history of D.C. Law 7-226, see Historical and Statutory Notes following § 8-1001.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 7-226, the "D.C. Solid Waste Management & Multi-Material Recycling Act of 1988", see Mayor's Order 89-160, July 20, 1989.
(a) The provisions of this subchapter, including the establishment of a schedule of fines for violations of this subchapter, shall be enforced by the Mayor pursuant to Chapter 8 of this title.
(b) In addition to the penalties imposed pursuant to subsection (a) of this section, the Mayor may refuse to collect or dispose of any solid waste that is not separated as required by this subchapter or any rules issued pursuant to § 8-1018.
(c) The Mayor may deny the issuance or renewal of a license to engage in commercial collection or transportation of solid wastes by vehicle if the applicant does not guarantee that recyclable materials separated as required by this subchapter or by rules issued pursuant to § 8-1018 will be recycled.
(Mar. 16, 1989, D.C. Law 7-226, § 18, 36 DCR 595.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3417.
Legislative History of Laws
For legislative history of D.C. Law 7-226, see Historical and Statutory Notes following § 8-1001.
Delegation of Authority
Delegation of authority pursuant to D.C. Law 7-226, the "D.C. Solid Waste Management & Multi-Material Recycling Act of 1988", see Mayor's Order 89-160, July 20, 1989.
Delegation of Authority Under the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988 and the Litter Control Administration Act of 1985, see Mayor's Order 2008-157, November 20, 2008 (55 DCR 12539).
The provisions of this subchapter shall apply only to the extent of funds available through the recycling surcharge in § 8-1015 or appropriated monies allocated for solid waste management activities.
(Mar. 16, 1989, D.C. Law 7-226, § 18a, as added Sept. 26, 1995, D.C. Law 11-52, § 804, 42 DCR 3684.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3417.1.
Emergency Act Amendments
For temporary addition of section, see § 504 of the Omnibus Budget Support Emergency Act of 1995 (D.C. Act 11-44, April 28, 1995, 42 DCR 2217) and § 804 of the Omnibus Budget Support Congressional Review Emergency Act of 1995 (D.C. Act 11-124, July 27, 1995, 42 DCR 4160).
Legislative History of Laws
Law 11-52, the "Omnibus Budget Support Act of 1995," was introduced in Council and assigned Bill No. 11-218, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on April 19, 1995, and June 6, 1995, respectively. Signed by the Mayor on July 13, 1995, it was assigned Act No. 11-94 and transmitted to both Houses of Congress for its review. D.C. Law 11-52 became effective on September 26, 1995.
Within 90 days after March 16, 1989, the Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue proposed rules to implement the provisions of this subchapter. 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 review period, the proposed rules shall be deemed approved.
(Mar. 16, 1989, D.C. Law 7-226, § 20, 36 DCR 595.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3418.
Legislative History of Laws
For legislative history of D.C. Law 7-226, see Historical and Statutory Notes following § 8-1001.
Miscellaneous Notes
Approval in part and disapproval in part of proposed rules: Pursuant to Resolution 8-102, the "District of Columbia Solid Waste Management and Multi-Material Recycling Act Proposed Rules Approval and Disapproval Resolution of 1989", effective October 10, 1989, the Council approved in part and disapproved in part the proposed rules issued pursuant to the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988.
Pursuant to Resolution 8-201, the "District of Columbia Solid Waste Management & Multi-Material Recycling Act Proposed Amendments to Rules Approval & Disapproval Resolution of 1990", effective February 9, 1990, the Council approved in part and disapproved in part the proposed rules issued pursuant to the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988.
Approval and disapproval of amendments to rules: Pursuant to Resolution 8-228, the "District of Columbia Solid Waste Management and Multi-Material Recycling Act Proposed Mayoral Amendments to Rules Approval & Disapproval Resolution of 1990", effective June 8, 1990, the Council approved, in part, and disapproved, in part, the proposed Mayoral amendments to the rules issued pursuant to the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988.
Recycling Rules Amendment Conditional Approval Resolution of 1992: Pursuant to Resolution 9-231, effective May 22, 1992, the Council conditionally approved the proposed rules to amend the recycling regulations and corresponding schedule of fines.
(a) Except as provided in subsection (g) of this section, beginning on January 1, 1994, if any person, including any partnership, corporation, or association, sells or distributes a significant quantity of a paper or paper product, subject to this section, in the District of Columbia ("District"), the paper or paper product shall contain in the aggregate for the calendar year at least the minimum percentage of recycled content designated in this section or in the rules issued, or amended, by the United States Environmental Protection Agency ("EPA") pursuant to § 6002 of the Resource Conservation and Recovery Act of 1976, approved October 21, 1976 (90 Stat. 2822; 42 U.S.C. § 6962), and set forth in 40 CFR 250.21 (Table 1).
(b) For the purposes of this section, the phrase "significant quantity" of a paper or paper product means an average per-issue circulation of at least 30,000 copies, an annual weight of at least 500 tons, or annual gross receipts of at least $100,000 from the sale or distribution of a paper or paper product. The phrase "paper or paper product subject to this section" means any paper or paper product selected by the EPA for inclusion in the table set forth in subsection (c) of this section. If the EPA finds insufficient production of a particular paper or paper product with recycled content to assure adequate competition, the paper or paper product shall not be subject to this section.
(c) Table of minimum recycled content requirements.
-------------------------------------------------------------------------------
Minimum Minimum Minimum
percentage percentage percentage
of of of waste
recovered postconsumer paper
materials recovered
materials
-------------------------------------------------------------------------------
Newsprint ............................... -- 40 --
High grade bleached printing and
writing paper:
Offset printing ......................... -- -- 50
Mimeo and duplicator paper .............. -- -- 50
Writing (stationery) .................... -- -- 50
Office paper (e.g., note pads) .......... -- -- 50
Paper for high-speed copiers ............ -- -- *
Envelopes ............................... -- -- 50
Form bond including computer paper
and carbonless ........................ -- -- *
Book papers ............................. -- -- 50
Bond papers ............................. -- -- 50
Ledger .................................. -- -- 50
Cover stock ............................. -- -- 50
Cotton fiber papers ..................... 25 -- --
Tissue products:
Toilet tissue ........................... -- 20 --
Paper towels ............................ -- 40 --
Paper napkins ........................... -- 30 --
Facial tissue ........................... -- 5 --
Doilies ................................. -- 40 --
Industrial wipers ....................... -- 0 --
Unbleached packaging:
Corrugated boxes ........................ -- 35 --
Fiber boxes ............................. -- 35 --
Brown paper (e.g., bags) ................ -- 5 --
Recycled paperboard:
Recycled paperboard products
including folding cartons ............. -- 80 --
Pad backing ............................. -- 90 --
-------------------------------------------------------------------------------
* EPA found insufficient production of these papers with recycled content to
assure adequate competition.
(d) For the purposes of this section, the terms used in the table of minimum recycled content requirements in subsection (c) of this section shall have the same meaning as those terms have in 40 CFR 250.4.
(e) The Mayor shall publish notice in the District of Columbia Register within 30 days after any amendment by the EPA to 40 CFR subsection 250.21 (Table 1) regarding the minimum recycled content requirements set forth in subsection (c) of this section. Any amendment to the table shall also be published in the District of Columbia Official Code.
(f) Notwithstanding the date for compliance with the recycled content percentage requirements set forth in subsection (a) of this section, the dates for compliance with the recycled content percentage requirement for newsprint shall be as follows:
(1) 12% for calendar year ("CY") 1992;
(2) 12% for CY 1993; and
(3) 20% for CY 1994 and all subsequent calendar years.
(g)(1) The recycled content percentages for newsprint required by this section for newspapers sold or distributed in the District shall be measured in the aggregate for all such newspapers collectively, on a District-wide basis.
(2) However, in the year following any year in which the Mayor determines, based on the reports submitted under § 8-1020, that the required recycled content percentages for newsprint for the previous year were not achieved in the aggregate on a District-wide basis, then each person subject to this section shall meet the required percentages.
(Mar. 16, 1989, D.C. Law 7-226, § 22, as added Mar. 6, 1991, D.C. Law 8- 208, § 2, 37 DCR 8458; July 22, 1992, D.C. Law 9-130, § 2(a), 39 DCR 4054; Feb. 5, 1994, D.C. Law 10-68, § 19(a), 40 DCR 6311.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3419.
Legislative History of Laws
Law 8-208, the "Paper and Paper Products Recycling Incentive Amendment Act of 1990," was introduced in Council and assigned Bill No. 8-418, which was referred to the Committee on Public Services. The Bill was adopted on first and second readings on November 20, 1990, and December 4, 1990, respectively. Signed by the Mayor on December 14, 1990, it was assigned Act No. 8-283 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 9-130, see Historical and Statutory Notes following § 8-1022.01.
For legislative history of D.C. Law 10-68, see Historical and Statutory Notes following § 8-1003.
(a) Any corporation required to file a District annual report for foreign and domestic corporations shall indicate in its annual report whether the corporation is a seller or distributor of a paper or paper product with a per-issue circulation of more than 30,000 copies, an annual weight of more than 500 tons, or annual gross receipts that exceed $100,000 in the District.
(Mar. 16, 1989, D.C. Law 7-226, § 23, as added Mar. 6, 1991, D.C. Law 8- 208, § 2, 37 DCR 8458.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3420.
Legislative History of Laws
For legislative history of D.C. Law 8-208, see Historical and Statutory Notes following § 8-1019.
(a) Any person may apply for an exemption from the minimum recycled content requirements of § 8-1019 when the person files the annual report with the Office of Recycling. The application shall include a written certification to the Office of Recycling regarding the reasons the person is unable to obtain a sufficient amount of paper or paper products for sale or distribution that contain the required percentage of recycled material at the competitive price. Any certification shall include the name and address of any producer of recycled paper that the seller or distributor has contacted, and indicate the variance from the recycled content requirement. For the purposes of this section, the term "competitive" means a price within 10% of the price of items that are manufactured or produced from virgin material. Any paper or paper product found exempt from the requirements of § 8-1019 shall not exempt the person from compliance with the minimum content requirements for any other paper or paper product subject to § 8-1019. An application shall be approved if the Office of Recycling determines that the person has taken all reasonable steps to contract with each producer who manufactures paper or paper products that contain the required percentage of recycled material.
(b) The Office of Recycling shall, consistent with § 2-505, before an application for an exemption is approved or denied, publish in the District of Columbia Register notice of the intended action to afford interested persons an opportunity for written comment. If at least 25 residents of the District petition the Office of Recycling for a public hearing, the Office of Recycling shall conduct a public hearing pursuant to rules issued in accordance with § 8-1023.
(c) Within 90 days after any written comments have been received or a public hearing has been conducted, whichever is later, the Office of Recycling shall publish a final decision in the District of Columbia Register, including findings of fact and conclusions of law, regarding the approval or denial of an application for an exemption.
(d) Within 30 days after a final decision is published as set forth in subsection (c) of this section, any interested person may file a written petition for judicial review in the District of Columbia Court of Appeals consistent with § 2-510.
(e) The District of Columbia Court of Appeals may award reasonable attorney's fees and court costs to a prevailing party who appeals the approval or intervenes to defend denial of an exemption under this section.
(Mar. 16, 1989, D.C. Law 7-226, § 24, as added Mar. 6, 1991, D.C. Law 8- 208, § 2, 37 DCR 8458.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3421.
Legislative History of Laws
For legislative history of D.C. Law 8-208, see Historical and Statutory Notes following § 8-1019.
(a) Subject to § 8-1019(g) and subsection (a-1) of this section, beginning in calendar year 1994, and annually thereafter, any person who fails to comply with § 8-1019 and who is not exempt under § 8-1021 shall be subject to a recycling surcharge. The recycling surcharge shall be paid by the person to the Department of Public Works before February 15, 1995, and annually thereafter, for the preceding calendar year if the aggregate tonnage of a paper or paper product sold or distributed for the reporting period contains less than the percentage of recycled content required under § 8-1019(c). If the aggregate percentage of recycled content is less than the percentage required in § 8-1019(c), the amount of the surcharge shall be 15% of the price paid for the paper or paper product sold or distributed during the reporting period that falls below the required percentage of recycled content.
(a-1)(1) For newsprint, the amount of the recycling surcharge shall be $10 per ton for the amount of newsprint that falls below the required percentage of recycled content.
(2) The recycling surcharge for newsprint shall apply to each person subject to this section only with regard to any year in which the recycled content percentages required by this section shall be measured on a non-aggregate basis in accordance with § 8-1019(g).
(b) Revenue generated from the recycling surcharge shall be used to fund recycling activities in the District in accordance with § 8-1015.
(Mar. 16, 1989, D.C. Law 7-226, § 25, as added Mar. 6, 1991, D.C. Law 8- 208, § 2, 37 DCR 8458; July 22, 1992, D.C. Law 9-130, § 2(b), 39 DCR 4054.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3422.
Legislative History of Laws
For legislative history of D.C. Law 8-208, see Historical and Statutory Notes following § 8-1019.
For legislative history of D.C. Law 9-130, see Historical and Statutory Notes following § 8-1022.01.
(a) There is established a Recycled Newspaper Fiber Content Advisory Task Force ("task force").
(b) The task force shall advise the Department of Public Works with respect to the statutory requirements for the use of recycled newsprint.
(c) The task force shall convene during the 1st quarter of 1994 and will issue its report by the 3rd quarter of 1994.
(d) The composition of the task force shall be 7 members appointed by the Mayor, as follows:
(1) The Director of the Department of Public Works who shall be the Chair;
(2) 2 representatives of newspaper publishers;
(3) 2 representatives of environmental groups with expertise in recycling;
(4) 1 representative of the recycled newsprint industry; and
(5) 1 representative of an industry, other than newsprint, that uses old newspapers.
(e) The task force shall perform the following responsibilities:
(1) Review the reports filed under § 8-1020;
(2) Consider the following:
(A) Extent of recovery of old newspapers from the District's waste stream;
(B) Cost to the District to recover and market old newspapers;
(C) Availability and utilization in the District of newsprint containing recycled material; and
(D) Nature and extent of other recycling uses for old newspapers; and
(3) In accordance with paragraph (2) of this subsection, the task force may comment on whether a recycled newsprint law is necessary, and if so, whether the recycled content percentage requirement for newsprint should remain the same or be adjusted. The task force may also consider whether the recycled content requirement encourages manufacturers of virgin newsprint to convert to recycling and whether the requirement adversely affects recycling uses for old newspapers other than the production of newsprint.
(Mar. 16, 1989, D.C. Law 7-226, § 25a, as added July 22, 1992, D.C. Law 9-130, § 2(c), 39 DCR 4054.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3422.1.
Legislative History of Laws
Law 9-130, the "Newsprint Recycling Amendment Act of 1992," was introduced in Council and assigned Bill No. 9-291, which was referred to the Committee on Public Works. The Bill was adopted on first and second readings on April 7, 1992, and May 6, 1992, respectively. Signed by the Mayor on May 28, 1992, it was assigned Act No. 9-215 and transmitted to both Houses of Congress for its review. D.C. Law 9-130 became effective on July 22, 1992.
(a) The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue proposed rules to implement the provisions of the Newsprint Recycling Amendment Act of 1992 that apply to paper and paper products, other than newsprint, by January 1, 1993.
(b) The Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue proposed rules within 180 days of July 22, 1992, to implement the newsprint provisions of this subchapter.
(c) 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 review period, the proposed rules shall be deemed approved. Nothing in this section shall affect any requirements imposed upon the Mayor by subchapter I of Chapter 5 of Title 2.
(Mar. 16, 1989, D.C. Law 7-226, § 26, as added Mar. 6, 1991, D.C. Law 8- 208, § 2, 37 DCR 8458; July 22, 1992, D.C. Law 9-130, § 2(b), 39 DCR 4054; Feb. 5, 1994, D.C. Law 10-68, § 19(c), 40 DCR 6311.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3423.
Legislative History of Laws
For legislative history of D.C. Law 8-208, see Historical and Statutory Notes following § 8-1019.
For legislative history of D.C. Law 9-130, see Historical and Statutory Notes following § 8-1022.01.
For legislative history of D.C. Law 10-68, see Historical and Statutory Notes following § 8-1003.
References in Text
The "Newsprint Recycling Amendment Act of 1992," referred to in (a), is D.C. Law 9-130.
