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DEPARTMENT OF PUBLIC WORKS
NOTICE OF EMERGENCY AND PROPOSED RULEMAKING
The Director of the Department of Public Works, pursuant to the authority set forth in section 2(c) of the District of Columbia Solid Waste Disposal Act of 1989, effective July 25, 1989 (D.C. Law 8-16; 36 DCR 4155 (June 19, 1989)), as amended by section 6012 of the Solid Waste Disposal Cost Recovery Act of 2007, effective September 18, 2007 (D.C. Law 17-20; 54 DCR 7052 (July 27, 2007)) and section 2 of the Solid Waste Disposal Fee Amendment Act of 2008, effective March 21, 2009 (D.C. Law 17-322; 56 DCR 7052 (January 9, 2009)), and Mayor’s Order 2005-123, dated August 29, 2005, hereby gives notice of the adoption on an emergency basis of the following amendments to chapter 7 (Solid Waste Control) of title 21 (Water and Sanitation) of the District of Columbia Municipal Regulations (DCMR), by amending the fees for the disposal of solid waste at the District’s waste-handling facilities.
This emergency action is based on an increase in the cost that the District pays for the disposal of solid waste delivered to its solid waste transfer facilities and is taken to ensure that the District fee recoups the actual cost of providing solid waste handling services. This emergency rule was adopted on September 7, 2011, and will become effective on September 25, 2011.
The Director also gives notice of intent to take final rulemaking action to adopt this amendment in not less than thirty (30) days after the date of publication of this notice in the D.C. Register.
The emergency rule will expire on January 5, 2012, or upon publication of a Notice of Final Rulemaking in the D.C. Register, whichever occurs first.
Chapter 7 (Solid Waste Control) of title 21 (Water and Sanitation) of the DCMR is amended as follows:
Subsection 720.5 is amended to read as follows:
720.5 Beginning on September 25, 2011, the applicable fee for the disposal of construction and demolition debris at the waste-handling facilities shall be seventy-one dollars ($71) for each ton disposed; provided, that a minimum fee of thirty-five dollars and fifty cents ($35.50) shall be imposed on each load weighing one thousand pounds (1,000 lb.) or less.
Subsection 720.8 is amended to read as follows:
720.8 Beginning on September 25, 2011, the applicable fee for the disposal of each ton of solid waste at the waste-handling facilities, excluding those wastes specified in § 720.5, 720.6, and 720.7, shall be fifty dollars ($50) for each ton disposed; provided, that a minimum fee of twenty-five dollars ($25) shall be imposed on each load weighing one thousand pounds (1,000 lb.) or less.
All persons interested in commenting on the subject matter in this proposed rulemaking action may file comments in writing, not later than thirty (30) days after the publication of this notice in the D.C. Register, with Christine V. Davis, General Counsel, Department of Public Works, 2000 14th Street, N.W., 6th Floor, Washington, D.C. 20009. Copies of this proposal are available, at cost, by writing to the above address.
