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DEPARTMENT OF PUBLIC WORKS
NOTICE OF PROPOSED RULEMAKING
The Director of the Department of Public Works, pursuant to the authority set forth in sections 18 and 20 of the District of Columbia Solid Waste Management and Multi-Material Recycling Act of 1988, effective March 16, 1989 (D.C. Law 7-226; D.C. Official Code §§ 8-1017 and 8-1018), section 8(b)(3) of the District of Columbia Litter Control Administration Act of 1986, effective March 25, 1986 (D.C. Law 6-100; D.C. Official Code § 8-807(b)(3)), and Mayor's Order 2008-157, dated November 20, 2008, hereby gives notice of intent to adopt the following rules in not less than thirty (30) days from the publication of this notice in the D.C. Register and upon completion of the forty-five (45) day period of Council review if the Council does not act earlier to adopt a resolution approving the proposed amendments. These rules would amend Chapter 20, Title 21 of the District of Columbia Municipal Regulations to add cardboard and plastic to the materials to be recycled, alter the requirements governing commercial recycling, and amend the fines applicable to violations of the District of Columbia's recycling laws and regulations. An earlier version of these proposed rules was published in the D.C. Register on July 31, 2009 at 56 DCR 6064; these proposed rules amend the fine schedule applicable to residential condominium buildings, residential cooperative buildings, apartment buildings, and commercial buildings included in those earlier published proposed rules.
Chapter 20 of Title 21 (D.C. Solid Waste Management and Multi-Material Recycling), of the District of Columbia Municipal Regulations is amended as follows:
Section 2000.1 is amended to read as follows:
2000.1 The purpose of this chapter is to establish minimum standards for the separation, collection, and recycling in the District of Columbia of newspaper, office paper, yard waste, metals, glass, paperboard, cardboard, plastics, and other commodities.
Section 2000.4. is amended to read as follows:
2000.4 Each day on which a violation occurs shall be a separate offense and the penalties described in this section shall apply to each separate offense.
Sections 2001, 2002, and 2003 are amended to read as follows:
2001 RESIDENTIAL SOURCE SEPARATION OF PAPER, PAPERBOARD, AND CARDBOARD
2001.1 All owners and occupants of buildings authorized to receive District collection services in accordance with § 2010 shall separate paper, paperboard, and cardboard from household trash prior to setting it out for collection.
2001.2 A separate collection of paper, paperboard, and cardboard shall occur in accordance with a schedule determined by the Department of Public Works (“DPW”).
2001.3 Paper, paperboard, and cardboard shall be placed at the DPW designated point of collection for recyclables.
2001.4 Paper, paperboard, and cardboard shall be set out no later than 7:00 a.m. on the scheduled day of collection and no earlier than 6:30 p.m. on the day before the scheduled collection.
2002 PREPARING PAPER, PAPERBOARD, AND CARDBOARD FOR COLLECTION
2002.1 Owners and occupants shall separate paper, paperboard, and cardboard from their general household solid waste and set it out for recycling.
2002.2 Paper, paperboard, and cardboard shall be placed in recycling bins approved by the Director or in bins of a similar size and shape and with similar handles. These materials may be placed in the same recycling bin as metal food and beverage containers, glass food and beverage containers, and plastic containers placed out for recycling.
2002.3 Contaminated or soiled paper, paperboard, or cardboard shall not be separated from general household waste and shall not be placed out for recycling purposes.
2003 RESIDENTIAL SOURCE SEPARATION OF CONTAINERS
2003.1 All owners and occupants of buildings authorized to receive District collection services in accordance with § 2010 of this chapter shall separate the following containers from household trash before setting the trash out for collection: metal food and beverage containers, glass food and beverage containers, and plastic containers.
2003.2 Containers identified in section 2003.1 shall be placed in
recycling bins approved by the Director or in bins of a similar size and shape and with similar handles.
2003.3 Containers identified in section 2003.1 shall be placed into a
recycling bin set for collection by the District in a manner specified by the Director.
2003.4 Containers identified in subsection 2003.1 shall be set out for
collection by the District at the location for collection of recyclables specified by the Director.
2003.5 Containers identified in subsection 2003.1 shall be set out in a recycling bin for collection by the District no later than 7:00 a.m. on the scheduled day of collection and no earlier than 6:30 pm. on the day before the scheduled collection.
2003.6 Only containers identified in subsection 2003.1, and paper, paperboard, and cardboard shall be placed into a recycling bin set out for collection by the District.
2003.7 The containers identified in subsection 2003.1 shall be collected in
accordance with a schedule determined by the Director.
Section 2004 is repealed.
Section 2021.2 is amended to read as follows:
2021.2 Each owner of a commercial property shall be responsible for the separate removal of recyclable material by a registered recycling hauler or pursuant to an approved self-implementation plan. The owner may provide through a lease agreement for an occupant to be responsible for its own solid waste removal, in which case the occupant shall also be responsible for the separate removal of recylable material, unless otherwise provided for in the lease agreement. Notwithstanding the existence of such a lease agreement, the owner is responsible for complying with these regulations except where the Director determines that there are circumstances that warrant holding the occupant liable for compliance. The Director may issue a notice of violation to the occupant or to the owner.
Section 2021.3 is amended to read as follows:
2021.3 Each owner of commercial property shall, at least once a year, notify any tenants or occupants of the property of the legal requirement that certain materials be separated for recycling, the types of materials to be separated, how and where recyclables shall be taken in order to be collected for recycling, and the name and contact information of any recycling coordinator for the property.
Section 2021.4 is amended to read as follows:
2021.4 Each owner of commercial property shall post and maintain at least one (1) sign where solid waste is collected or stored that sets forth what materials are required to be source separated and states the collection procedures for such materials, and shall post at least one (1) sign at containers where recyclables are collected stating what materials may properly be placed in them. The owner may provide through the lease agreement that an occupant shall also be responsible for posting and maintaining such signs, in which case the occupant shall also be responsible for meeting the requirements of this subsection. Notwithstanding the existence of such a lease agreement, the owner is responsible for complying with this regulation except where the Director determines that there are circumstances that warrant holding the occupant liable for compliance. The Director may issue a notice of violation to the occupant or to the owner.
Sections 2021.5 through 2021.8 are repealed.
Section 2022.1 is amended to read as follows:
2022.1 Each owner and each occupant of a commercial property shall, at a minimum, separate for recycling paper, paperboard, cardboard, and clean and rinsed metal, glass and plastic containers. The materials that are separated for recycling shall be stored in bins, dumpsters, or other containers that are not used for the simultaneous storage of solid waste and recyclable materials. The owner may provide through a lease agreement for an occupant to be responsible for separating these materials for recycling in which case the occupant shall also be responsible for meeting the requirements of this subsection. Notwithstanding the existence of such a lease agreement, the owner is responsible for complying with this regulation except where the Director determines that there are circumstances that warrant holding the occupant liable for compliance. The Director may issue a notice of violation to the occupant or to the owner.
Section 2022.2 is repealed.
Section 2036.2 is amended to read as follows:
2036.2 Any occupant or property owner may file an application for waiver with the Director.
Section 2037.1 is amended to read as follows:
2037.1 Recyclable materials shall be stored in compliance with applicable fire code requirements.
New section 2038.2 is added to read as follows:
2038.2 After materials are placed out for collection by a recycling hauler, the materials shall not be removed by anyone other than the hauler.
Section 2050.1 is amended to read as follows:
2050.1 Each person, organization, or agent engaged in the business of collecting or processing recyclable materials shall register with the Director. The fee for registration shall be fifty dollars ($50) and shall be paid annually, except that if the entity that is applying for registration owns or operates vehicles used for recycling collection, each vehicle shall also be registered and the fee shall be fifty dollars ($50) per vehicle. This license is in addition to any license required by § 710.
Section 2050.5 is amended to read as follows:
2050.5 After the Director determines that the requirements for registering a vehicle have been satisfied, the Director shall provide two (2) stickers indicating the vehicle registration number to all registered vehicles.
New sections 2050.9 and 2050.10 are added to read as follows:
2050.9 Any entity that applies to be a registered recycling collector shall possess all required District government licenses, including any required Basic Business License and, to the extent that it operates at real property in the District of Columbia, its operations shall comply with District of Columbia land use requirements.
2050.10 An entity registered pursuant to § 2050.9 shall continue to maintain required licenses and to comply with applicable land use requirements while registered as a recycling collector. If a recycling collector fails to comply with this provision the Director may, in addition to taking any other authorized action, immediately suspend or revoke the recycling collector’s registration.
Section 2051 is amended to read as follows:
2051 QUARTERLY REPORTING
2051.1 Each person or business engaged in the collection or recycling of recyclables, as defined in § 2050, shall be required to submit quarterly reports and corresponding certified scale tickets to the D.C. Office of Recycling verifying the tonnage of recyclable materials collected by commodity.
2051.2 Each person or business removing recyclables under an approved self-implementing plan, as provided in § 2021, shall be required to submit quarterly reports and corresponding scale tickets to the D.C. Office of Recycling verifying the tonnage of recyclable materials collected by commodity.
2051.3 Quarterly reports shall be submitted by the fifteenth (15th) day of the month following the end of a quarter (e.g., recyclables collected in the months of January through March must be recorded in a report received by April 15th).
2051.4 Reporting forms shall be obtained from the D.C. Office of Recycling.
Sections 2052.3 and 2052.4 are amended to read as follows:
2052.3 If the Director finds that any recycling collector, solid waste hauler, or an agent of either, violates any provision of this section, the Director may (in addition to any other remedy available), deny the hauler or its agent access to the District of Columbia’s solid waste facilities for a period not to exceed thirty (30) days for each violation.
2052.4 If the Director finds that a recycling collector has committed three (3) or more violations of this chapter within a twelve (12) month period, the Director may (in addition to any other remedy available) suspend the collector’s registration for up to twelve (12) months.
New sections 2052.5 and 2052.6 are added to read as follows:
2052.5 If the Director finds that a recycling collector has committed six (6) or more violations of this chapter within a twelve (12) month period, the Director may (in addition to any other remedy available) revoke the recycling collector’s registration.
2052.6 A recycling collector shall maintain a copy of each day’s recycling collection route and a list of customers served, and provide a copy to the Director within two business days after the Director requests the list.
New section 2053 is added to read as follows:
2053 HAULING
2053.1 A recycling hauler shall not simultaneously transport recyclables along with other materials for disposal in the same vehicle at the same time except pursuant to a written waiver of this requirement.
2053.2 A written waiver shall only be issued to a registered recycling hauler if the hauler demonstrates to the Director that the recyclables will be transported in a vehicle that does not compress or compact its contents. The hauler shall also demonstrate that the method used for simultaneously transporting the materials ensures that recyclables will not be commingled with non-recyclable materials and that the recyclables will not be disposed of in any way other than by recycling.
2053.3 The Director may revoke a written waiver if the Director finds that the conditions for receiving a waiver are not being met.
Section 2061.1 is amended by inserting the phrase "listed below" after the word "chapter" and by deleting all of the text after the phrase
"Overweight bundles or bags of newspaper 25
(21 DCMR § 2002.2)".
New subsections 2061.2, 2061.3, and 2061.4 are added to read as follows:
2061.2 For each of the violations listed below occurring at a residential condominium, apartment building, or residential cooperative, the schedule of fines set out in this subsection shall apply:
VIOLATION
Failure to arrange for proper removal of recyclables
(21 DCMR § 2021.2)
Failure to notify tenants/occupants of recycling requirements and program (21 DCMR 2021.3)
Failure to post recycling signs
(21 DCMR § 2021.4)
Failure to separate recyclables from other solid waste
(21 DCMR § 2022.1)
Insufficient collection of recyclables
(21 DCMR § 2022.3)
Failure to have a sufficient number of containers for separated recyclables (21 DCMR § 2022.4)
Failure to maintain containers for recyclables properly
(21 DCMR § 2022.5)
FINE SCHEDULE
1st Offense: $ 200
2nd Offense (within 60 days): $ 600
3rd Offense (within 60 days): $ 1,500
2061.3 For each of the violations listed below occurring at a commercial building other than a residential condominium or cooperative, or at an apartment building, the fines set out below in this subsection shall apply:
VIOLATION
Failure to arrange for proper removal of recyclables
(21 DCMR § 2021.2)
Failure to notify tenants/occupants of recycling requirements and program (21 DCMR 2021.3)
Failure to post recycling signs
(21 DCMR § 2021.4)
Failure to separate recyclables from other solid waste
(21 DCMR § 2022.1)
Insufficient collection of recyclables
(21 DCMR § 2022.3)
Failure to have a sufficient number of containers for separated recyclables (21 DCMR § 2022.4)
Failure to maintain containers for recyclables properly
(21 DCMR § 2022.5)
FINE SCHEDULE
1st Offense: $ 200
2nd Offense (within 60 days): $ 600
3rd Offense (within 60 days): $ 1,500
2061.4 For each of the violations listed below, the fines set out below in this subsection shall apply:
VIOLATION
Failure to have a valid recycling registration
(21 DCMR § 2050.1)
Failure to display recycling registration sticker properly
(21 DCMR § 2050.6)
Failure to provide for recycling of all materials collected for recycling purposes
(21 DCMR § 2050.8)
Failure to provide quarterly reports
(21 DCMR § 2051.1)
Failure of self-implementers to provide monthly reports
(21 DCMR § 2051.2)
Failure to provide timely quarterly reports
(21 DCMR § 2051.3)
Depositing recyclables at a District solid waste facility without approval from the Director
(21 DCMR § 2052.1)
Hauling recyclable materials mixed with trash delivered to a District solid waste disposal facility
(21 DCMR § 2052.2)
Recycling businesses must provide a copy of route and customers and provide to Director on request
(21 DCMR § 2052.6)
Simultaneous transporting of recyclables with other materials
(21 DCMR § 2053.1)
FINE SCHEDULE
1st Offense: $ 500
2nd Offense (within 60 days): $ 1,000
3rd Offense (within 60 days): $ 2,000
Section 2099.1 is amended as follows:
By amending the definition of “Director” to read as follows:
Director - the Director of the Department of Public Works (or its successor agencies) or his or her designee.
By inserting after the definition of “Other Commercial Business” the following definitions:
Owner - the record owner of a property except that, for a condominium, the owner shall be the condominium association for that property.
Paper- newspapers, glossy magazines, coupons, office paper, advertisements, telephone
directories, books, envelopes that do not have plastic address windows, brochures and other similar paper items.
Plastic- narrow necked plastic bottles.
Comments on these proposed regulations should be submitted, in writing, to Christine V. Davis, General Counsel, Department of Public Works, 2001 14th St, N.W., 6th Floor, Washington, D.C. 20009, within thirty (30) days of the date of publication of this notice in the D.C. Register. Additional copies of these proposed regulations are available from this address.
