§ 8-103.09. Accounting for revenues and expenses of pollutant removal; available funds for future years; District of Columbia Wetland and Stream Mitigation Trust Fund.
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Current through October 23, 2012
(a)(1) The Mayor shall establish a financial system to account for revenues and expenses associated with removing pollutants.
(2) Civil penalties and other charges recovered under §§ 8-103.15 through 8-103.19 shall finance the pollution removal when the person responsible for the pollution cannot be found and the Mayor determines that the pollution should be removed, and may be used to purchase equipment and supplies for the § 8-103.08(c) plan.
(3) Agencies may be reimbursed after incurring expenses for removing or preventing the spread of pollution.
(b) After reimbursements and discretionary equipment purchases under subsection (a) of this section at the end of the fiscal year, the Mayor shall make available for use in future years subsection (a)(2) of this section funds up to $250,000.
(c) Repealed.
(d)(1) The District of Columbia Wetland and Stream Mitigation Trust Fund ("Wetland Fund") is hereby established as a nonlapsing, revolving fund pursuant to an act of Congress, to be administered by the Mayor and used for restoration, creation, and enhancement of wetlands and the waters of the District. Excluding monies collected in the current year, any money deposited in the Wetland Fund in the year prior to the current year and the interest earned on that money remaining in the Fund after the payment of the costs accrued in the prior year, less 10% of the remainder amount that shall be retained as a reserve operating balance, shall be transferred or revert to the General Fund of the District of Columbia.
(2) The Wetland Fund shall be financed by payments received to mitigate the damage to or destruction of habitat pursuant to § 8-103.06(a)(3).
(3) The Wetland Fund shall be accounted for under the procedures established pursuant to subchapter V of Chapter 3 of Title 47, and any other applicable law.
(4) The Mayor may use the Wetland Fund to repair or replace aquatic habitat that is damaged or destroyed by activities in wetlands or on underwater lands including, but not limited to, dredge and fill activity, or construction activities.
(Mar. 16, 1985, D.C. Law 5-188, § 10, 32 DCR 919; Mar. 15, 1990, D.C. Law 8-83, § 2, 37 DCR 41; Nov. 13, 2003, D.C. Law 15-39, § 612(c), 50 DCR 5668; Apr. 13, 2005, D.C. Law 15-354, §§ 84(d)(2), 90, 52 DCR 2638.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-929.
Effect of Amendments
D.C. Law 15-39, in the section heading, substituted "District of Columbia Wetland and Stream Mitigation Trust Fund" for "District of Columbia Water Pollution Control Fund"; repealed subsec. (c); and added subsec. (d). Prior to repeal, subsec. (c) had read as follows:
"(c)(1) The District of Columbia Revolving Water Pollution Control Fund ('DCRF') to be administered by the water pollution control agency of the District of Columbia, as designated by the Mayor, is established to provide financial assistance under the Water Quality Act of 1987 (33 U.S.C. § 1251 et seq.) ('Water Quality Act'), to finance planning, design, and construction of publicly owned water pollution control projects; to develop and implement management programs for non-point source pollution control established under § 319 of the Water Quality Act; and to develop and implement estuary conservation and management programs under § 320 of the Water Quality Act.
"(2) The Mayor shall enter into an operating agreement with the Administrator of the United States Environmental Protection Agency ('Administrator') and accept capitalization grants for the DCRF in accordance with the payment schedule policy established by the Administrator.
"(3) A separate account or accounts, as necessary, shall be established for DCRF transactions.
"(4) All payments from the Administrator pursuant to paragraph (2) of this subsection shall be deposited in the revolving fund account or accounts established pursuant to paragraph (3) of this subsection.
"(5) The Mayor shall seek an appropriation of funds from the United States Congress to deposit into the DCRF account in an amount equal to or greater than 20% of each capitalization grant payment from the Administrator no later than the date of each federal payment.
"(6) The Mayor shall seek an appropriation of the required funds from the United States Congress for the administration of the DCRF program.
"(7) The DCRF monies shall be used only for the following purposes in accordance with the requirements of § 603(d)(1) of the Water Quality Act:
"(A) To make loans;
"(B) To buy or refinance debt obligations of the District;
"(C) To guarantee or purchase insurance for debt obligations of the District;
"(D) As a source of revenue or security for the payment of principal and interest on revenue or general obligation bonds issued by the District for the DCRF;
"(E) To earn interest on DCRF accounts; or
"(F) For DCRF administrative expenses.
"(8) The revolving fund shall be maintained and credited with repayments, and the fund balances shall be available in perpetuity for the purposes stated in paragraph (1) of this subsection.
"(9) The Mayor shall establish fiscal controls and accounting procedures sufficient to assure proper accounting for payments received by the DCRF, disbursements made by the DCRF, and fund balances, at the beginning and end of each accounting period.
"(10) Financial assistance from DCRF shall be provided only for those projects that the District's water pollution control agency has determined to be a priority, in accordance with this subchapter and the Water Quality Act.
"(11) The Mayor shall provide the Administrator with any records reasonably required to review and determine compliance with applicable provisions of the Water Quality Act.
"(12) The DCRF shall be subject to applicable provisions of title VI of the Water Quality Act, the United States Environmental Protection Agency Guidance on the State Revolving Fund, and all other applicable federal and District laws.
"(13) The DCRF shall be subject to the Tax Reform Act of 1986 (26 U.S.C. § 101 et seq.), to benefit from the applicable tax regulations.
"(14) The Mayor shall issue rules, pursuant to subchapter I of Chapter 5 of Title 2, for the operation of the DCRF and for conducting environmental reviews and evaluations of DCRF projects. The rules shall ensure that:
"(A) Provisions are made to implement mitigation measures to make a project environmentally acceptable; and
"(B) The public is provided a right to challenge environmental review determinations."
D.C. Law 15-354, in the section heading, validated previously made technical corrections.
Emergency Act Amendments
For temporary (90 day) amendment of section, see § 612(c) of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).
For temporary (90 day) amendment of section, see § 612(c) of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).
Legislative History of Laws
For legislative history of D.C. Law 5-188, see Historical and Statutory Notes following § 8-103.01.
Law 8-83, the "Water Pollution Control Act of 1984 Amendment Act of 1989," was introduced in Council and assigned Bill No. 8-370, which was referred to the Committee on Public Works. The Bill was adopted on first and second readings on November 21, 1989, and December 5, 1989, respectively. Signed by the Mayor on December 21, 1989, it was assigned Act No. 8-133 and transmitted to both Houses of Congress for its review.
For Law 15-39, see notes following § 8-103.01.
For Law 15-354, see notes following § 8-103.06.
Miscellaneous Notes
Sections 9087 and 9088 of D.C. Law 19-21 provide:
"Sec. 9087. Adjudication Hearings (Air Quality) Fund.
"Notwithstanding any other law, the funds which are deposited in the fund designated for accounting purposes by the Office of the Chief Financial Officer as fund 0664 within the District Department of the Environment pursuant to the Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5- 188; D.C. Official Code § 8-103.01 et seq.), shall be deposited in the General Fund of the District of Columbia and shall not be accounted for by a separate fund or account within the General Fund of the District of Columbia. Any unexpended funds in the fund on the effective date of this subtitle shall be transferred to the unrestricted fund balance of the General Fund of the District of Columbia.
"Sec. 9088. Adjudication Hearings (Water Quality) Fund.
"Notwithstanding any other law, the funds which are deposited in the fund designated for accounting purposes by the Office of the Chief Financial Officer as fund 0665 within the District Department of the Environment pursuant to the Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5- 188; D.C. Official Code § 8-103.01 et seq.), shall be deposited in the General Fund of the District of Columbia and shall not be accounted for by a separate fund or account within the General Fund of the District of Columbia. Any unexpended funds in the fund on the effective date of this subtitle shall be transferred to the unrestricted fund balance of the General Fund of the District of Columbia."
