The Council of the District of Columbia makes the following findings and supports the following purposes:
(1) Many shipments of hazardous materials are made in the District of Columbia ("District");
(2) The District is 1 of the few states that has not adopted the federal regulations governing the transportation of hazardous materials and motor carrier safety;
(3) According to statistics compiled by the federal Environmental Protection Agency, there have been 30 incidents involving the unintentional release of hazardous materials in transport in the District since 1985, none of which have been required by law to be reported to the District government;
(4) There have been a growing number of incidents involving the transportation of hazardous materials on highways surrounding the District in recent months;
(5) According to the United States Department of Transportation, there is an insufficient number of federal inspectors available to inspect vehicles transporting hazardous materials, causing many vehicles to go uninspected unless the states have regulations enabling them to carry out inspections;
(6) The District does not have a procedure for inspecting the safety of commercial motor vehicles that transport hazardous materials in the city, nor for monitoring the condition of the operators of those vehicles;
(7) Until the District adopts a system consistent with the federal motor carrier safety regulations that govern commercial motor vehicles, including those transporting hazardous materials, the District is ineligible to receive at least $225,000 per year in federal grant assistance for implementing the regulations;
(8) Other costs to the District associated with enforcing this chapter should be the responsibility of those who transport hazardous materials in the District;
(9) The Hazardous Materials Study Commission will no longer be necessary since the Commission's mandate will be executed through the implementation of this chapter; and
(10) Residents of and visitors to the District should be protected from the serious risks associated with improper transportation of hazardous materials, overworked operators, and unsuitable maintenance of commercial motor vehicles, including vehicles transporting hazardous materials.
(Mar. 16, 1989, D.C. Law 7-190, § 2, 35 DCR 8663.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3301.
Legislative History of Laws
Law 7-190, the "District of Columbia Hazardous Materials Transportation and Motor Carrier Safety Act of 1988," was introduced in Council and assigned Bill No. 7-20, which was referred to the Committee on Public Works. The Bill was adopted on first and second readings on October 25, 1988 and November 15, 1988, respectively. Signed by the Mayor on December 1, 1988, it was assigned Act No. 7-252 and transmitted to both Houses of Congress for its review.
For the purposes of this chapter, the term "hazardous materials" means substances or materials in a quantity and form that may pose an unreasonable risk to health, safety, or property when transported in commerce and includes explosives, radioactive materials, etiological agents, flammable liquids or solids, combustible liquids or solids, poisons, oxidizing or corrosive materials, or compressed gases.
(Mar. 16, 1989, D.C. Law 7-190, § 3, 35 DCR 8663.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3302.
Legislative History of Laws
For legislative history of D.C. Law 7-190, see Historical and Statutory Notes following § 8-1401.
The Mayor shall establish a Hazardous Materials Transportation Program that shall include at a minimum:
(1) A description of the criteria for determining what materials constitute hazardous materials that is consistent with the federal hazardous materials transportation regulations of the United States Department of Transportation;
(2) The identification of the types and quantities of hazardous materials transported in the District;
(3) The identification of the carriers and shippers of the hazardous materials;
(4) A designation of primary and alternate routes for the transportation of hazardous materials in the District consistent with the federal hazardous materials transportation regulations and the federal motor carrier safety regulations of the United States Department of Transportation and taking into consideration factors that will ensure the highest degree of safety to individuals and property, including the following:
(A) Population density along the primary and alternate routes;
(B) Traffic and street conditions, including dimensions of streets and alleys;
(C) The ability to evacuate individuals in the vicinity of the primary and alternate routes should evacuation become necessary;
(D) The type and quantity of hazardous materials being transported;
(E) Whether the hazardous materials are route-controlled quantities of radioactive materials consistent with the federal hazardous materials transportation regulations; and
(F) Consistency, to the extent practicable, with the laws and regulations of adjacent states and local jurisdictions likely to be affected by the route selections;
(5) A system governing the transportation, packaging, labelling, and placarding of hazardous materials transported in the District consistent with the federal hazardous materials transportation regulations;
(6) A system to ensure motor carrier safety consistent with the federal motor carrier safety regulations that will qualify the District for federal grant assistance to implement this chapter;
(7) The inspection of commercial motor vehicles, including vehicles that transport hazardous materials in the District consistent with the federal hazardous materials transportation regulations and federal motor safety carrier regulations;
(8) Repealed.
(Mar. 16, 1989, D.C. Law 7-190, § 4, 35 DCR 8663; Oct. 1, 1992, D.C. Law 9-173, § 3(a), 39 DCR 5834.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3303.
Legislative History of Laws
For legislative history of D.C. Law 7-190, see Historical and Statutory Notes following § 8-1401.
For legislative history of D.C. Law 9-173, see Historical and Statutory Notes following § 8-1403.01.
To determine compliance with this chapter and its implementing regulations, a police officer may stop the driver of a motor vehicle and enter upon the premises of a motor carrier that is regulated pursuant to this chapter and inspect any of the following:
(1) All equipment, parts, and accessories, including carrier maintenance, certification, and safety records;
(2) All driver records, including driver's license, permits, hours of service records, certificate of physical examination, and training records;
(3) All manifests, including bills of lading or other shipping documents; and
(4) All cargo and cargo areas, including the removal of cargo seals when necessary to conduct a safety inspection.
(Mar. 16, 1989, D.C. Law 7-190, § 4(a), as added Oct. 1, 1992, D.C. Law 9-173, § 3(b), 39 DCR 5834.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3303.1.
Legislative History of Laws
Law 9-173, the "Traffic Adjudication and Motor Carrier Safety Amendment Act of 1992," was introduced in Council and assigned Bill No. 9-501, which was referred to the Committee on Public Works. The Bill was adopted on first and second readings on June 23, 1992, and July 7, 1992, respectively. Signed by the Mayor on July 23, 1992, it was assigned Act No. 9-271 and transmitted to both Houses of Congress for its review. D.C. Law 9-173 became effective on October 1, 1992.
(a) The operation of a vehicle subject to this chapter and its implementing regulations on any highway or roadway in the District shall constitute the consent of the driver and the owner of the vehicle to the inspection pursuant to § 8-1403.01.
(b) The driver of a vehicle shall obey every sign and every direction of a police officer to stop the vehicle and submit to an inspection.
(Mar. 16, 1989, D.C. Law 7-190, § 4(b), as added Oct. 1, 1992, D.C. Law 9-173, § 3(b), 39 DCR 5834.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3303.2.
Legislative History of Laws
For legislative history of D.C. Law 9-173, see Historical and Statutory Notes following § 8-1403.01.
(a) Violations of this chapter or any rule promulgated pursuant to § 8-1405 shall be adjudicated as provided by Chapter 23 of Title 50.
(b) The Mayor, by rule, may establish civil fines and penalties for violations of this chapter or any rule promulgated pursuant to § 8-1405.
(c)(1) As an alternative sanction, any person who knowingly or willfully violates this chapter, or any rule promulgated pursuant to § 8-1405 shall be subject to a fine of not less than $100 and not more than $10,000, imprisonment not to exceed 1 year for each violation, or both. Each day shall constitute a separate violation and the penalties prescribed shall be applicable to each violation.
(2) Prosecution for violations of this subsection shall be brought by the Corporation Counsel.
(Mar. 16, 1989, D.C. Law 7-190, § 5, 35 DCR 8663; Oct. 1, 1992, D.C. Law 9-173, § 3(c), 39 DCR 5834.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3304.
Legislative History of Laws
For legislative history of D.C. Law 7-190, see Historical and Statutory Notes following § 8-1401.
For legislative history of D.C. Law 9-173, see Historical and Statutory Notes following § 8-1403.01.
(a) The owner of any hazardous material motor carrier that releases a hazardous material shall reimburse the District for all expenditures made by the District to contain, remove, or respond to such a release.
(b) The Mayor shall notify by certified mail the owner of any hazardous material motor carrier that releases a hazardous material of the costs incurred by the District to contain, remove, or respond to the release.
(c) If the owner of the hazardous material motor carrier does not reimburse the District for all expenditures made to contain, remove, or respond to the release, within 10 days of the posting of notice by the Mayor, the Corporation Counsel may bring a civil action to seek reimbursement from the owner of the motor carrier.
(Mar. 16, 1989, D.C. Law 7-190, § 5(a), as added Oct. 1, 1992, D.C. Law 9-173, § 3(d), 39 DCR 5834.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3304.1.
Legislative History of Laws
For legislative history of D.C. Law 9-173, see Historical and Statutory Notes following § 8-1403.01.
Within 6 months of March 16, 1989, the Mayor shall, pursuant to subchapter I of Chapter 5 of Title 2, issue rules to implement the provisions of this chapter. 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 7-190, § 6, 35 DCR 8663.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3305.
Legislative History of Laws
For legislative history of D.C. Law 7-190, see Historical and Statutory Notes following § 8-1401.
Delegation of Authority
Delegation of authority under D.C. Law 7-190, the "D.C. Hazardous Materials Transportation & Motor Carrier Safety Act of 1988", see Mayor's Order 89-169, July 25, 1989.
