Code of the District of Columbia

§ 8–103.08. Discharge of pollutant from vessel or onshore or offshore facility; removal of these pollutants; contingency plan for environmental emergencies.

(a)(1) A person in charge of a vessel or an onshore or an offshore facility shall, as soon as a discharge of a pollutant from the vessel or the facility has been discovered, notify the Mayor about the discharge.

(2) Notice or information resulting from the notice shall not be used against a person in a criminal case, except a prosecution for perjury or for giving a false statement.

(b) Whenever there is a discharge or a substantial threat of discharge into the waters of the District of a hazardous substance, or there is a discharge or substantial threat of discharge into the waters of the District of a pollutant which may present an imminent and substantial danger to the public health or welfare, including danger to the livelihood of members of the public health or welfare, the Mayor is authorized to act to remove or arrange for the removal of the pollutant, and the Corporation Counsel of the District may bring suit on behalf of the District in the Superior Court of the District of Columbia or any other court of competent jurisdiction to restrain immediately any person causing or contributing to a discharge or threat of discharge, to recover any costs of removal incurred by the District, to impose civil penalties or to seek any other relief as the public interest may require.

(c)(1) By September 1, 1985, the Mayor shall establish a contingency plan for responding to environmental emergencies pursuant to the authority granted in this section.

(2) The plan shall provide for the following:

(A) Organize and assign duties among District agencies;

(B) Manage the procurement and use of emergency equipment and supplies;

(C) Establish a special group of trained personnel to carry out the plan;

(D) Develop surveillance designed to watch for emergencies and to provide the earliest possible notice to the appropriate District and federal agencies;

(E) Establish a control center to direct the operations of the plan;

(F) Establish procedures and techniques for removing the pollutant; and

(G) Establish or cooperate in a system for state and local coordination.


(Mar. 16, 1985, D.C. Law 5-188, § 9, 32 DCR 919.)

Prior Codifications

1981 Ed., § 6-928.

Section References

This section is referenced in § 8-103.09, § 8-103.16, and § 8-103.17.