Section 10-A621. E-4.4 MANAGING HAZARDOUS SUBSTANCES

 

621.1Hazardous substances include materials that may pose a threat to human health or the environment when they are improperly handled, stored, or disposed. While this may conjure up images of highly-secured industrial or military compounds, the use of hazardous substances is common in households and businesses across the city-from the perchloroethylene used by dry cleaners, to the pesticides and herbicides used in lawn care, to common cleansers and solvents used in District households. Hazardous building materials such as asbestos, lead, and mercury may be present in many of the city’s older structures. Naturally occurring hazards such as radon, and biological contaminants such as mold, also may be present. 621.1

 

621.2Hazardous materials are also transported through the city on trucks and in rail cars. Even if all handling, transport, and storage regulations are properly followed, such substances may pose a risk in the event of an accidental spill or act of terrorism. 621.2

 

621.3A complex set of federal and District regulations govern hazardous substance handling. Many of these regulations are implemented through District programs designed to reduce public health hazards and to protect the environment. These include underground storage tank regulation, cleanup programs for contaminated sites, toxic substance investigations, and household hazardous waste disposal programs. The level of investigation and clean-up required at any given site depends both on the degree of contamination, existing land uses, and the particular land use that is planned there in the future. Looking forward, pollution prevention practices (including hazardous waste minimization and toxic chemical source reduction), stronger environmental review procedures, and continued remediation measures can reduce the likelihood of exposure to hazardous materials and ensure public safety and the protection of ecological resources. 621.3

 

621.4Vigilance must be taken to enforce regulations regarding the transport of hazardous materials  through the city. This continues to be a high priority of the District’s Emergency Management Agency, both to protect the security of District residents, workers, and visitors, and to ensure swift and effective response in the event of an emergency. 621.4

 

621.5Policy E-4.4.1: Hazardous Substances Management

 

Develop and implement programs to manage the use, handling, transportation, storage and disposal of harmful chemical, biological, and radioactive materials including expanded enforcement of local regulations and the establishment of training programs on hazardous materials and emergency planning. 621.5

 

621.6Policy E-4.4.2: Hazardous Building Materials and Conditions

 

Protect public health and safety by testing for and, where appropriate, removing lead, radon gas, asbestos, and other hazardous substances from the built environment. When these hazards are abated, require full compliance with all applicable licensing and inspection standards. 621.6

 

621.7Policy E-4.4.3: Accidental Spills and Releases

 

Ensure compliance with District laws relating to the notification and reporting of accidental spills and releases of hazardous materials. Improve public education and awareness of these requirements as part of a broader effort to improve emergency planning, preparedness and response in the city. 621.7

 

621.8Policy E-4.4.4: Toxic Chemical Source Reduction and Disposal

 

Encourage the substitution of non-toxic or less toxic chemicals and products for toxic chemicals and products in all businesses and households. Provide options for the disposal of hazardous waste generated by households and small businesses to minimize illegal and harmful dumping. Maintain penalties and fines for the illegal dumping of materials such as used oil and batteries. 621.8

 

621.9Policy E-4.4.5: Clean-Up of Contaminated Sites

 

Ensure that the necessary steps are taken to remediate soil and groundwater contamination in the city, both in areas where future development is likely and in areas that are already fully developed. In addition, require soil and groundwater evaluations for any development that is proposed on a site where contamination may be possible due to past activities. Depending on the site, it may also be necessary to investigate the effects of contamination on air quality, surface water, or river sediments, or to conduct an ecological risk assessment. If contamination is found to be above acceptable levels, require remediation and, where necessary, long term monitoring and institutional controls. 621.9

 

Ensure that the necessary steps are taken to remediate soil and groundwater contamination in the city, both in areas where future development is likely and in areas that are already fully developed.

 

621.10Policy E-4.4.6: Hazardous Substances and Land Use

 

Ensure that land use planning and development decisions minimize the exposure of residents, workers, and visitors to hazardous substances. New residences, schools, and similarly sensitive uses should not be sited in areas where significant quantities of hazardous substances are handled, stored, or disposed. Likewise, new municipal or industrial facilities that use toxic materials or produce hazardous waste should not be sited in residential or environmentally sensitive areas. 621.10

 

621.11Policy E-4.4.7: Design Considerations

 

For uses where hazardous substances are handled, require design and construction practices that minimize the possibility of hazardous spills, accidents, leaks, or security breaches-and encourage other measures as necessary to prevent injury and disease, and protect property and natural resources. 621.11

 

621.12Policy E-4.4.8: Hazardous Materials Transport

 

Regulate and guide the transport of hazardous materials through the District to minimize risks to human health, property, and the environment. 621.12

 

See the Land Use Element for additional policies on conflicts between industrial and residential uses, and the Community Services and Facilities Element for further discussion of emergency preparedness.

 

621.13Action E-4.4.A: Household Hazardous Waste Disposal

 

Expand the District’s education and outreach programs on the dangers of household hazardous wastes and continue to sponsor and publicize household hazardous waste collection events. Provide additional sites and regularly scheduled events for the safe collection and disposal of such wastes. Explore options for addressing the collection and disposal of hazardous waste from businesses that are classified as conditionally exempt small quantity generators. 621.13

 

621.14Action E-4.4.B: Compliance with Hazardous Substance Regulations

 

Maintain regulatory and inspection programs to ensure that all businesses that store, distribute, or dispose of hazardous materials comply with all applicable health, safety, and environmental requirements. These requirements range from used oil collection facilities at automotive repair shops to emergency contingency plans for the PEPCO power plant to disposal of medical waste from area hospitals and clinics. 621.14

 

621.15Action E-4.4.C: Reducing Exposure to Hazardous Building Materials

 

Implement programs to reduce exposure to hazardous building materials and conditions, including the existing radon gas testing program, the asbestos program, and the childhood lead poisoning prevention and lead-based paint management programs. The latter programs are designed to eliminate childhood lead poisoning citywide by 2010 and to regulate the lead abatement industry to ensure the use of safe work practices. District programs should provide technical and financial support to the owners of residential properties, and particularly resident homeowners, for the abatement of these hazards. 621.15

 

621.16Action E-4.4.D: Underground Storage Tank Management

 

Maintain and implement regulations to monitor underground storage tanks (UST) that store gasoline, petroleum products, and hazardous substances. Prevent future releases from USTs to soil and groundwater; abate leaking tanks and other hazardous conditions, remediate contaminated sites; and provide public education on UST hazards. 621.16

 

621.17Action E-4.4.E: Reductions in Pesticide Use

 

Maintain a pesticide management program that complies with the District’s Municipal Regulations for pesticide registration, operator/ applicator certification, and handling/use. Implement new programs to promote integrated pest management by the public and private sectors and discourage the use of harmful pesticides by District residents, institutions, and businesses. 621.17

 

621.18Action E-4.4.F: Hazardous Substance Response and Water Pollution Control Plans

 

Complete the hazardous substance response plan required under the District’s Brownfields Act, and update the water pollution control contingency plan, as required under the District’s Water Pollution Control Act. 621.18

 

notation

The provisions of Title 10, Part A of the DCMR accessible through this web interface are codification of the District Elements of the Comprehensive Plan for the National Capital. As such, they do not represent the organic provisions adopted by the Council of the District of Columbia. The official version of the District Elements only appears as a hard copy volume of Title 10, Part A published pursuant to section 9a of the District of Columbia Comprehensive Plan Act of 1994, effective April 10, 1984 (D.C. Law 5-76; D.C. Official Code § 1 -301.66)) . In the event of any inconsistency between the provisions accessible through this site and the provisions contained in the published version of Title 10, Part A, the provisions contained in the published version govern. A copy of the published District Elements is available www.planning.dc.gov.