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Current through October 23, 2012
(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.
