Chapter 10A. Solid Waste Reduction and Recovery.
§ 8–1031.01. Definitions.
For the purposes of this chapter, the term:
(1) "Back-of-house commercial food waste" means commercial food waste separated at the point of discard by employees of a commercial establishment. The term "back-of-house commercial food waste" does not include food waste discarded directly by customers of the establishment, but does include food waste discarded of on behalf of customers by employees.
(1A) "Collector" means a person engaged in the collection or transportation of solid waste in the District.
(1B) "Commercial food waste" means food waste produced by the production, consumption, and preparation of food at a commercial establishment.
(2) "Compost" means a stable, organic substance produced by a controlled decomposition process that can be used as a soil additive, fertilizer, growth media, or other beneficial use.
(3) "Compostable" means made solely of materials that break down into, or otherwise become part of, usable compost in a safe and timely manner in an appropriate programand identified on the list of compostable materials described in § 8-1031.03(b).
(4) "Composting" or "composted" means the series of activities, including separation, collection, and processing, through which materials are recovered or otherwise diverted from the solid waste stream for conversion into compost.
(5) "Compost collection program" means a waste collection program, implemented either directly or through contract, which provides regular collection of separated compostable materials for public collection properties.
(5A) "Covered retail establishment" means:
(A) Grocery stores; and
(B) Large format retail.
(6) "DOEE" means the Department of Energy and Environment.
(6A) "Disposable plastic bags" means grocery and retail bags, newspaper bags, bread bags, dry cleaning bags, food storage bags, and produce bags made of plastic, and all plastic bags labeled #2 or #4. The term "disposable plastic bags" does not include degradable or compostable bags.
(7) "Disposition" means the transport, placement, reuse, sale, donation, transfer, or temporary storage, for a period of no longer than 6 months, of recyclable materials for all possible uses except disposal as trash.
(8) "DPW" means the Department of Public Works.
(8A) "Food service entity" means full-service restaurants, limited-service restaurants, fast food restaurants, cafes, delicatessens, coffee shops, vending trucks or carts, food trucks, food halls and cafeterias, including those operated by or on behalf of District departments and agencies, caterers, and other entities selling or providing food within the District for consumption on or off the premises. The term "food service entity" does not include retail food stores, convenience stores, or pharmacies.
(8B) "Food waste" means material produced from the production, preparation, and consumption of food.
(8C) "Grocery store" means a retail establishment with a primary business of selling grocery products and that has a selling area that is used for a general line of food, including perishable food, and may also include household supplies or prescription pharmacy merchandise.
(8D) "Home composting system" means containers, bins, tumblers, and other equipment, approved by the Department of Public Works, used to facilitate composting or vermicomposting on residential property in the District.
(9) "Incineration" means a form of solid waste disposal through combustion or thermal conversion of solid waste materials into ash, flue gas, fuel, or heat; provided, that recycling, composting, anaerobic digestion of compostable solid waste, and conversion of compostable solid waste into biofuel are not considered incineration.
(10) "Intermediate processing facility" means a facility where solid waste can be separated, processed, stored, assembled, and prepared for sale or other disposition, except incineration or burial.
(10A) "In-vessel composting" means a process in which organic waste is enclosed in a drum, silo, bin, tunnel, reactor, or other container and maintained under controlled conditions of temperature and moisture for the purpose of producing compost.
(10B) "Large format retail" shall have the same meaning as provided in 11-B DCMR § 100.2.
(10C) "Organic waste processing facility" means a facility that processes compostable materials through composting, aerobic digestion, or anaerobic digestion.
(10D) "Organic waste processing system" means a system that processes compostable materials, such as an in-vessel composter or an anaerobic digester.
(10E) "Plastic film" means plastic wraps or films, including wrappings for furniture, electronics, and bulk products that are made of plastic, and all plastic film products labeled #2 or #4. The term "plastic film" does not include degradable or compostable wrap or cling wrap products.
(10F) "Plastic shipping products" means bubble wrap, air pillows, and plastic shipping envelopes.
(11) "Private collection property" means a property that does not receive solid waste collection services from the District.
(12) "Public collection property" means a property that receives solid waste collection from the District either directly or through contract.
(12A) "Public litter container" means a trash receptacle installed by a government agency or private entity, including a Business Improvement District established pursuant to subchapter VIII of Chapter 12 of Title 2, on a public sidewalk, in a park, or other public space.
(13) "Recyclable" means made solely of materials that can be recycled using the District's recycling collection programand identified on the list of recyclable materials described in § 8-1031.03(b).
(14) "Recycle" or "Recycled" or "Recycling" means the series of activities, including separation, collection, and processing, through which materials are recovered or otherwise diverted from the solid waste stream for use as raw materials or in the manufacture of products other than fuel.
(14A) "Retail food store" means any establishment where food and food products offered to the consumer are intended for off-premises consumption, including grocery stores and supermarkets. The term "retail food store" does not include convenience stores, pharmacies, farmers markets, and food service entities.
(15) "Solid waste" means garbage, refuse, trash, or any other waste or waste product, including recyclable, compostable, or otherwise reusable material, whether in solid, liquid, semisolid, or contained gaseous state, resulting from an industrial, commercial, residential, or government operation or community activity; provided, that the following are not considered solid waste for the purpose of this chapter:
(A) Hazardous waste, as defined in § 8-901(2A);
(B) Medical waste, as defined in § 8-901(3A); and
(C) Construction and demolition waste subject to sections 406 and 503 of Title 12K of the District of Columbia Municipal Regulations (12K DCMR §§ 406, 503).
(16) "Solid waste stream" means all solid waste generated within the District.
(17) "Source separation" means the separation of solid waste at the point of discard into the categories required under § 8-1031.03
(18) "Sustainable solid waste management hierarchy" means the prioritization of solid waste diversion and disposal activities in the District set forth in § 8-1031.02
(19) "SWEEP" means DPW's Solid Waste Education and Enforcement Program.
(20) "Trash" means solid waste that is collected for disposal by incineration or landfill.
(20A) "Variable rate pricing model" means a model wherein the Mayor would impose fees for waste collection on public collection property owners proportional to the amount of trash generated at the property.
(20B) "Vermicomposting" means the process of using earthworms and microorganisms to convert organic materials into vermicompost.
(21) "Waste diversion" means activities that result in solid waste source reduction, reuse, recycling, composting, or conversion of compostable solid waste into biofuel.
(22) "Waste diversion rate" means the percentage of the solid waste stream, by weight, successfully diverted from landfilling and incineration through source reduction, reuse, recycling, composting, and conversion of compostable solid waste into biofuel.
§ 8–1031.02. Sustainable solid waste management hierarchy.
To the maximum extent practicable, the District shall direct its solid waste management policies and diversion activities in the following order of priority:
(1) Source reduction and reuse;
(2) Recycling or composting of solid waste, or conversion of compostable solid waste into biofuel; and
(3) Landfill or incineration of solid waste.
§ 8–1031.03. Mandatory source separation.
(a)(1) Solid waste in the District shall be separated at the point of discard into the following categories:
(A) Recyclable materials;
(B) Compostable materials; and
(C) Trash.
(2) Paragraph (1)(B) of this subsection shall apply upon the Mayor's implementation of a compost collection program; provided, that the Mayor may require that private collection properties or subcategories of private collection properties separate compostable materials before the implementation of a compost collection program.
(b) The Mayor shall make public a list of recyclable materials, and, upon the implementation of a compost collection program established by the Mayor, compostable materials. The Mayor shall review the list on a biannual basis to determine whether additional materials should be added or removed.
(c)(1) By January 1, 2016, the Mayor shall submit a report to the Secretary of the Council regarding the feasibility of and progress made toward implementing a compost collection program.
(2) By January 1, 2023, the Mayor shall submit to the Council a comprehensive Organics Management Plan that describes how the District will manage residential and commercial compostable materials. Before submitting the Plan to the Council, the Mayor shall provide an opportunity for public review and comment on the proposed Plan. The Organics Management Plan shall include:
(A) A list of locations where the District's compostable materials will be processed, comprising regional organic waste processing facilities and on-site organic waste processing systems distributed throughout the District, and any policy changes that need to be implemented to support the identified processing capacity;
(B) Plans for rolling out a compost collection program, including specific timelines and associated costs;
(C) Plans for meeting the source separation requirements for compostable materials at private collection properties, upon the implementation of a compost collection program, as described in subsection (a)(2) of this section;
(D) Goals for organics waste diversion over the first 10 years of the Organics Management Plan, and an explanation of how these goals will be met; and
(E) A description of the public education, outreach, and technical assistance associated with implementing the Organics Management Plan.
(d) Not Funded.
(e)(1) By January 1, 2023, the Mayor shall submit to the Council a plan for how to provide recycling infrastructure in the public space. The plan shall make recycling available as appropriate with public litter containers, and require businesses providing public litter containers to provide recycling containers, unless justified to the Mayor as physically infeasible. The plan shall include a uniform color, design, and labeling scheme for waste containers in the public space.
(2) In preparing the plan required by this subsection, the Mayor shall analyze the District's existing public space recycling infrastructure, using waste and recycling sorts to determine contamination rates, research best practices from the District and other jurisdictions, and provide an opportunity for public review and comment.
(f)(1) By January 1, 2022, the Mayor shall develop a training and outreach program on proper source separation and waste reduction for janitorial staff and property managers at private collection properties, including District facilities and agencies, multifamily properties, and commercial properties.
(2) The training and outreach program shall be updated at least every 5 years and upon the addition of a new source separation requirement.
(3) In creating, updating, and disseminating the training and outreach program, the Mayor shall, at least 4 times a year, consult with waste collectors, waste management brokers, and property managers.
(g) Not Funded.
§ 8–1031.03a. Requirements for commercial food waste.
(a) All entities identified in subsection (b) of this section shall:
(1) Donate excess edible food to the extent practicable consistent with Chapter 3 of Title 48;
(2) Source-separate all back-of-house commercial food waste generated at its premises and:
(A) Arrange for the separate collection and transport of the back-of-house commercial food waste to an organic waste processing facility or to processors for use as animal feed; provided, that such collection, transport, and disposal follow all applicable Federal, state, and local laws; or
(B) Process back-of-house commercial food waste using an on-site organic waste processing system; provided, that:
(i) Any on-site composting shall be in-vessel composting or a processing system approved by DPW;
(ii) All equipment shall be properly sized to handle and process back-of-house commercial food waste generated at the premises in a safe and sanitary manner; and
(iii) All equipment shall be installed in accordance with the applicable plumbing code and wastewater discharge regulations;
(3) Provide waste containers consistent with the requirements for waste collection under § 8-1031.04(a)(1) for the disposal of food waste in any work area where employees are handling back-of-house commercial food waste;
(4) Ensure proper storage for food waste on site, including a container with a secure lid, that will ensure that it is maintained separately from all other materials generated at the premises, is not commingled with recyclable material or trash, and does not create a public nuisance;
(5) Ensure employees are informed about the requirements for food waste by:
(i) Providing regular training to employees concerning the proper methods to separate and store food waste, including separating and storing food to be donated, if applicable; and
(ii) Posting instructions on the proper separation of food waste in a manner and location in which the instructions will be comprehensible and visible to employees who are disposing of food waste, including signage in multiple languages as appropriate; and
(6) Post a sign that states clearly and legibly:
(A) The trade or business name, address, and telephone number of, and the day and time of pickup by, the private collector that collects the food waste;
(B) That the entity transports its own food waste; or
(C) That the entity provides for on-site processing for food waste it generates on its premises.
(b) The requirements in subsection (a) of this section shall apply as follows:
(1) Beginning January 1, 2023, to:
(A) A retail food store with a floor area of at least 10,000 square feet; and
(B) Colleges and universities with at least 2,000 residential students;
(2) Beginning January 1, 2024, to:
(A) A retail food store not covered by paragraph (1)(A) of this subsection, that is part of a chain of retail food stores, for which the chain;
(i) Operates the retail food stores under common ownership or control and receives waste collection from the same private collector;
(ii) Consists of 3 or more retail food stores; and
(iii) Has a combined floor area of at least 10,000 square feet;
(B) Arenas or stadiums with seating capacity of at least 15,000 persons;
(C) Hospitals and nursing homes, as those terms are defined in § 44-501(a)(9) and (11), with at least 300 beds; and
(D) Colleges and universities not covered by paragraph (1)(B) of this subsection with at least 500 residential students; and
(3) To any other entities added by the Mayor under subsection (c) of this section.
(c) Beginning January 1, 2024, the Mayor may, by rule, apply the requirements in subsection (a) of this section to other entities, based on an evaluation of the available processing capacity of all organic waste processing facilities and systems within 35 miles of the Capitol dome.
(d) Collectors of source-separated food waste shall:
(1) Provide training to businesses on how to properly source-separate food waste; and
(2) Notify customers when they see contamination.
(e)(1) Repealed.
(2) The Mayor shall conduct regular public education and outreach on the benefits of donating excess edible food and source separating compostable materials.
(3) The Mayor shall not prohibit food service entities from composting or source separating compostable materials, including food waste that is not back-of-house commercial food waste, as long as they provide adequate consumer-facing waste collection service for compostable materials consistent with § 8-1031.04.
§ 8–1031.03b. Glass separation and recycling.
(a) By January 1, 2022, the Mayor shall establish a collection point in the District for waste collectors to bring source-separated glass for transfer to a glass recycling facility.
(b) Once the collection point required by subsection (a) of this section is established, the Mayor shall impose a fee for the disposal of glass sufficient to cover the costs of maintaining the glass collection point and transporting the glass to a glass recycling facility, which shall be deposited into the Solid Waste Disposal Cost Recovery Special Account established under § 1-325.91.
(c) Beginning January 1, 2024, the Mayor may, by rule, require certain private collection properties that dispose of a high volume of glass containers to separate and store all recyclable glass containers and arrange for hauling source-separated glass to a glass recycling facility or collection point for recycling.
§ 8–1031.03c. Collection, storage, and processing of waste tires. [Not Funded]
Not Funded.
§ 8–1031.04. Mandatory adequate waste collection.
(a) A private collection property owner shall provide adequate waste collection service, including:
(1) Supplying waste containers to make source separation accessible for individuals discarding solid waste at the property; provided, that the containers shall:
(A) Be capable of containing reasonably anticipated source-separated waste generated at the location; and
(B) Bear or be near visible signage indicating the category of source-separated material by visuals or description or shall comply with a color scheme established by the Mayor;
(2) Annually communicating information to an individual discarding solid waste at the property regarding the types of materials that must be source separated at the property;
(3) Ensuring annual training on the property's source separation requirements of any janitorial staff employed at the property; and
(4) Designating an agent responsible for implementing the requirements of this chapter.
(b)(1) By January 1, 2022, multi-family dwellings with 80 or more units, commercial buildings with 10 or more units, and businesses or nonprofit organizations with 101 or more employees shall submit a source separation plan to the Mayor, updated on an annual basis, outlining the steps the property owner will take to implement the requirements of this chapter. The plan shall include:
(A) A description of the private collection property, including the name, address, and telephone number of the agent designated pursuant to subsection (a)(4) of this section;
(B) A description of the collector, including the trade or business name, address, and telephone number of, and the day and time of pickup by, the collector that collects the private collection property's solid waste, as well as the sites where the materials are delivered;
(C) A description of the private collection property's current solid waste generation;
(D) A description of the property owner's efforts to educate tenants, residents, businesses, and employees about its source separation program, including a list of the materials to be recycled; and
(E) A description of how the private collection property will recycle or reduce the amount of solid waste going to disposal facilities.
(2) Private collection properties not subject to paragraph (1) of this subsection shall submit a source separation plan upon request by the Mayor.
(3) The Mayor shall review and verify through on-site evaluation, consistent with § 8-1031.14(e), implementation of the source separation plans required by this subsection. Private collection properties subject to the requirements of this subsection shall maintain, and make available upon request for inspection and copying during normal business hours, any contracts and invoices for collection and disposition of materials to be recycled for a period covering the most recent 5 years.
(4) The Mayor shall provide electronic forms and online submissions, as appropriate, to assist private collection properties in meeting the requirements of this subsection.
(c) All private collection properties shall separate their excess edible food for donation for human consumption to the maximum extent practicable.
§ 8–1031.04a. Requirements for District facilities and agencies.
(a) All District facilities and agencies shall:
(1) Separate waste in accordance with § 8-1031.03 and provide adequate waste collection service in accordance with § 8-1031.04; and
(2) Maximize diversion of waste from landfill or incineration, including through promotion of reduction, reuse, repair, donation, recycling, and composting, including donating reusable goods to the maximum extent practicable.
(b) Each agency shall designate a person responsible for compliance with this chapter. The designated person shall ensure that employees and janitorial staff are annually trained on source separation requirements, consistent with the training program established under § 8-1031.03, and that all recycling, composting, and trash receptacles are provided as required.
(c) DPW shall annually collect information from each agency on how it is satisfying the requirements of subsections (a) and (b) of this section and include a summary in the annual report required by § 8-1031.13, including a list of the persons designated pursuant to subsection (b) of this section.
(d) District agencies shall maximize the purchase of Environmentally Preferable Products or Services, as that term is defined in § 2-351.04(30).
§ 8–1031.05. Collector obligations.
(a) A collector shall appropriately and visibly label any solid waste container the collector provides to a property to indicate, by visuals or description, the category of waste for which the container is intended, unless the container complies with a color scheme established by the Mayor.
(a-1) If a collector finds materials that are not the correct type as designated for that container, such as trash in a compostable or recyclable container, the collector shall notify the customer about the presence of incorrect materials.
(b) A collector shall submit an annual report to the Mayor that includes the following information:
(1) The total tonnage of solid waste collected in the District by the collector in the previous calendar year;
(2) A breakdown of the total tonnage reported in paragraph (1) of this subsection by the individual tonnage of solid waste source separated as required by § 8-1031.03 that was collected for delivery to recycling, composting, landfill, incineration, and any other waste processing or disposal facilities;
(2A) A description of the contamination in collected solid waste, including how often the collector provided the notice required by subsection (a-1) of this section;
(3) The names, locations, and tonnage of solid waste delivered to recycling, composting, landfill, incineration, and other waste processing or disposal facilities; and
(4) Any other information the Mayor may require.
(c) A collector shall retain records of solid waste collected and disposed of for 3 years or a different period as prescribed by the Mayor.
(d) To ensure compliance with this section, the Mayor may inspect all records, documents, or data compilations in the possession or control of a collector during normal operating hours.
(e) Information submitted to the Mayor pursuant to subsection (b) of this section may not be distributed publicly except in aggregate numbers by year, facility name, type, and waste type as part of the reporting required by § 8-1031.13 Collector-specific information shall be designated confidential. Except as otherwise provided by law or court order, collector-specific information may be used only by the Mayor, the Mayor's agents and employees, other District agencies, and, as authorized by the Mayor, by the United States Environmental Protection Agency.
(f) Failure to submit an annual report required in subsection (b) of this section or to maintain a record pursuant to subsection (c) of this section may result in one or more of the following penalties:
(1) A maximum fine of $25,000; or
(2) Suspension or revocation of a collector's registration or license.
(g) Collectors that deliver solid waste at a District transfer station for disposal shall, upon the request of DPW, provide an accurate list of all customer locations from which solid waste was collected for the load carried at the time of the request.
§ 8–1031.06. Collector registration.
(a) A collector shall register with the Office of Waste Diversion before operating in the District in accordance with this section.
(b) The Office of Waste Diversion shall issue registrations annually for collectors and vehicles engaged in the collection and transportation of solid waste in the District. No collector registration shall be issued unless a collector:
(1) Certifies that recyclable or compostable materials source separated as required by this chapter shall be delivered to a recycling or composting facility, as appropriate;
(2) Provides a list of all vehicles used to collect solid waste in the District, including any information the Office of Waste Diversion requires about the vehicles; and
(3) Beginning on October 1, 2016, has submitted the annual report required under § 8-1031.05(b) for the previous year.
(c) The Mayor may establish separate registration procedures or requirements for collectors and vehicles based upon the type of solid waste collected or transported.
(d) The Mayor shall establish registration fees to offset the costs of administering this chapter.
§ 8–1031.07. Office of Waste Diversion.
There is established an Office of Waste Diversion ("Office") within the Department of Public Works. The duties of the Office shall include:
(1) Coordinating and supervising the implementation of the provisions of this chapter;
(2) Implementing source separation education and outreach programs for public collection properties and private collection properties developed pursuant to §§ 8-1031.03(f) and 8-1031.08, in coordination with SWEEP;
(3) Supervising and developing a system to respond to citizen inquiries about mandatory source separation;
(4) Serving as a liaison between the District and neighboring jurisdictions in developing regional waste reduction and diversion campaigns;
(5) Implementing policies developed by the Interagency Waste Reduction Working Group for reducing the generation of solid waste in the District and increasing the District's solid waste diversion rate;
(6) Publishing annually on its website the reports issued to the Council pursuant to § 8-1031.13; and
(7) Registering all collectors and vehicles engaged in the collection or transportation of solid waste in accordance with § 8-1031.06.
§ 8–1031.08. Interagency Waste Reduction Working Group.
(a) There is established an Interagency Waste Reduction Working Group ("Working Group") that shall regularly evaluate the District's solid waste management and diversion activities and policies, and sustainable waste management and diversion practices, policies, and techniques that could be established in the District. The purpose of the Working Group shall be to advise and guide the Mayor, the Council, and the Office of Waste Diversion on sustainable solid waste management and waste diversion policy in the District in accordance with the sustainable solid waste management hierarchy established in § 8-1031.02.
(b) The Working Group shall be composed of at least 7 members selected by the Mayor from District agencies that have expertise and experience in solid waste management, environmental policy development, and implementation of public waste diversion programs, including, at a minimum, DPW and DOEE.
(c) The Working Group shall, at a minimum:
(1) Advise the Office of Waste Diversion in the implementation of policies, outreach, and enforcement techniques that have the potential to reduce the generation of solid waste in the District and increase the District's solid waste diversion rate;
(2) Develop a zero waste plan for the District outlining steps the District can take to achieve at least an 80% waste diversion rate;
(3) Design and ensure the development of education and outreach programs with purpose of reducing the generation of solid waste and increasing the waste diversion rate in the District;
(4) Design and guide the development of educational materials reflecting the District's source separation requirements;
(5) Ensure that the educational materials developed pursuant to this section are updated at least every 5 years and upon the addition of a new source separation requirement;
(6) Ensure issuance and accuracy, to the maximum extent practicable, of the reports and studies required by § 8-1031.13; and
(7) Meet at least quarterly to fulfill the requirements of this section and to evaluate the effectiveness of the programs established pursuant to this section.
(d) The source separation education materials developed pursuant to subsection (c)(4) of this section shall be placed on the DPW and DOEE websites and posted in public places where these kinds of materials are customarily placed.
§ 8–1031.09. Enforcement training.
The Mayor shall ensure that training designed for employees who enforce the District's waste laws and regulations addresses the requirements of this chapter and the policies established by the Interagency Waste Reduction Working Group pursuant to secti§ 8-1031.08.
§ 8–1031.10. Contract and licensing authority.
(a) The Mayor may enter into a contract or agreement for a period not to exceed 10 years for:
(1) Solid waste collection, disposal, and diversion services;
(2) The operation of recycling buy-back centers, composting facilities, and intermediate processing facilities for the collection, storage, processing, and disposition of source separated recyclable or compostable materials; and
(3) The marketing and sale of recyclable and compostable materials.
(b) The Mayor may purchase or lease any equipment necessary to facilitate the marketing and sale of recycling or compostable materials.
(c) The Mayor may issue grants to universities, nonprofit institutions, and businesses to promote sustainable waste management and diversion practices, policies, and techniques, including solid waste research, collection, marketing, and other services.
(d)(1) The Mayor may designate, select, or acquire, by purchase, a site or sites that are suitable for the purpose of solid waste disposal or diversion.
(2) The Mayor may acquire a site or sites that are suitable for the purpose of solid waste disposal or diversion through condemnation, in accordance with the provisions of Chapter 13 of Title 16.
(3) The Mayor shall submit a proposed site to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed site, in whole or in part, by resolution within this 45-day review period, the proposed site shall be deemed approved.
§ 8–1031.11. Solid waste disposal [and transfer] and reduction fees.
(a) The Mayor shall impose:
(1) A fee on the [disposal or transfer] of solid waste at a solid waste disposal facility owned by the District sufficient to cover the costs of operating, maintaining, and improving the solid waste facilities. Beginning January 1, 2023, the minimum fee for transfer at District-owned solid waste facilities shall be $13.38 per ton. Revenue from this fee shall be deposited in the Solid Waste Disposal Cost Recovery Fund established under § 1-325.91;
(2) A surcharge on the disposal of solid waste at the District's solid waste disposal facilities of, at a minimum, $2 per ton. Revenue from this surcharge shall be deposited in the Solid Waste Diversion Fund established by § 8-1031.12; and
(3) A surcharge on the disposal of recycling at a solid waste disposal facility owned by the District where the recycling load exceeds a contamination threshold determined by the Mayor. Revenue from this surcharge shall be deposited into the Solid Waste Diversion Fund established by § 8-1031.12.
(b) The Mayor may impose a fee on a public collection property owner; provided, that:
(1) The Mayor provides the Council with an analysis of the feasibility and expected economic outcomes of implementing the fee;
(2) Any rules or regulations implementing the fee shall be approved by the Council; and
(3) The fee is proportional to the amount of trash generated at the property.
(c) Failure to comply with this section may result in an assessment of twice the amount of the fee or surcharge due.
§ 8–1031.12. Solid Waste Diversion Fund.
(a) There is established as a special fund the Solid Waste Diversion Fund ("Fund"), which shall be administered by the Department of Public Works in accordance with subsection (c) of this section.
(b) Revenue from the following sources shall be deposited in the Fund:
(1) Thesurcharges established under § 8-1031.11(a)(2) and (3);
(2) Any money in the District Recycle Program Fund as of February 26, 2015; and
(3) Other funds designated by the Mayor.
(c) Money in the Fund shall be used to offset the cost of developing new and additional methods of solid waste diversion in the District.
(d) The money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
§ 8–1031.12a. Home Composting Incentive Program.
(a) There is established a Home Composting Incentive Program ("Program"), to be administered by the Mayor, to provide rebates and vouchers to encourage residential property owners and lessees to purchase and use a home composting system.
(b) To be eligible for the rebate provided for in this section, a residential property owner or lessee shall:
(1) After July 17, 2018, purchase a home composting system;
(2) Complete the training described in subsection (f) of this section; and
(3) Submit a rebate claim to the Mayor in a manner to be determined by the Mayor.
(c)(1) Upon approval of a rebate claim submitted pursuant to subsection (b) of this section, the Program shall provide a rebate up to $75 per residential address; provided, that the amount of the rebate shall not exceed the purchase price of the home composting system.
(2) Rebates shall be sent to the residential property owner or lessee within 30 days after the rebate claim is approved.
(3) Rebates shall be contingent upon the availability of funds.
(d) To be eligible for the voucher provided for in this section, a residential property owner or lessee shall:
(1) Complete the training described in subsection (f) of this section; and
(2) Submit a voucher application to the Mayor in a manner to be determined by the Mayor.
(e)(1) Upon approval of a voucher application submitted pursuant to subsection (d) of this section, the Program shall provide a voucher up to $75 per residential address.
(2) Vouchers shall be sent to the residential property owner or lessee within one week after the voucher application is approved.
(3) Vouchers shall be contingent upon the availability of funds.
(f)(1) The Mayor, or a contractor selected by the Mayor, shall provide in-person training for District residents on proper handling and processing of organic materials that will be turned into compost, including training for residents interested in both outdoor composting and vermicomposting.
(1A) Notwithstanding paragraph (1) of this subsection, the Mayor, or a contractor selected by the Mayor, may provide the training required by paragraph (1) of this subsection remotely through videoconference or pre-recorded training video.
(2) The Mayor shall create educational materials for District residents regarding how to use home composting systems in a manner that avoids creating public nuisances.
§ 8–1031.12b. On-Site Composting.
Owners of commercial and residential properties in the District may engage in composting on the property; provided, that the composting is conducted in a manner that does not:
(1) Promote the development, attraction, or harborage of vectors; or
(2) Create a public nuisance.
§ 8–1031.12c. On-site organic processing system acquisition grant program.
(a) There is established a grant program, to be administered by DPW, to financially assist a business or nonprofit organization in the lease or purchase of an on-site organic processing system, such as an in-vessel composter or aerobic digester.
(b) Grants shall be awarded on a competitive basis.
(c) DPW may audit the accounts of a grantee receiving a grant under this section up to 3 years following the award of the grant.
§ 8–1031.12d. Donation and Reuse Program.
(a) There is established a Donation and Reuse Program ("Program"), to be administered by DOEE, to reduce needless waste and increase diversion of reusable material, including edible food, from landfills and incineration through donation or reuse.
(b) The Program shall, in coordination with non-governmental organizations:
(1) Develop or promote public-facing technology platforms for direct donation coordination and to facilitate exchange of used and surplus materials;
(2) Perform public education and outreach on avoiding single-use products and encouraging reusable items;
(3) Increase public awareness of and access to opportunities for reuse and donation;
(4) Support and expand the District's reuse infrastructure, including through site donation drop-off, Fix-It clinics, and non-governmental donation facilities; and
(5) Prepare for and respond to emergency situations that result in surges of unsolicited donations in partnership with non-governmental donation facilities.
(c) DOEE may issue competitive grants to community organizations and businesses to further the objectives of this section.
(d) On an annual basis, the Program shall provide a report to the Mayor and the Council describing its activities in the previous year to meet the requirements of this section and provide recommendations on how to further increase donation and reuse in the District.
§ 8–1031.12e. Variable rate pricing study and pilot. [Not Funded]
Not Funded.
§ 8–1031.12f. Recycling of disposable plastic bags, plastic film, and plastic shipping products.
(a) Beginning January 1, 2024, a covered retail establishment that offers disposable plastic bags to consumers shall:
(1) Make available to consumers a receptacle to collect disposable plastic bags, plastic film, and plastic shipping products for recycling; and
(2) Recycle disposable plastic bags, plastic film, and plastic shipping products collected in the receptacle.
(b) Receptables required by this section shall be located within the covered retail establishment or within 100 feet of the covered retail establishment's main entrance, in a location that is easily accessible and clearly visible to consumers and accompanied with signage stating that the receptacle is for the collection of disposable plastic bags, plastic film, and plastic shipping products for recycling.
(c) Nothing in this section shall be construed to require a covered retail establishment to accept disposable bags, film, or shipping products made from materials other than plastic, that are not able to be recycled, or that are soiled or wet.
(d) On or before January 1, 2023, the Department of Public Works shall publish on its website information on where and how retail establishments may send disposable plastic bags, plastic film, and plastic shipping products to be recycled.
§ 8–1031.13. Reporting requirements.
(a) On February 28, 2016, and annually thereafter, the Mayor shall provide a solid waste diversion update to the Council that shall include, at a minimum:
(1) The total tonnage of solid waste collected in the District, from both private collection and public collection properties;
(2) A breakdown of the total tonnage reported in paragraph (1) of this subsection by the individual tonnage of solid waste that was collected for delivery to recycling, composting, landfill, incineration, and any other waste processing or disposal facilities;
(3) The names, locations, and tonnage of solid waste delivered to the recycling, compost, landfill, incineration, and other waste processing or disposal facilities;
(4) A calculation of the District's solid waste diversion rate for the previous year;
(5) A calculation of the District's per-capita solid waste generation for the previous year;
(6) A summary of efforts made by District agencies and facilities to meet the requirements of §§ 8-1031.04 and 8-1031.04a and (b), broken down by agency, including:
(A) A description of each agency's waste collection services;
(B) The name of the designated person responsible for compliance at each agency; and
(C) All activities each agency has taken in the preceding year in furtherance of §§ 8-1031.04 and 8-1031.04a and (b); and
(7) A description of the Mayor's waste diversion goals for the remainder of the calendar year, including specific targets, plans for meeting those targets, and planned waste diversion programs.
(b) On January 31, 2018, and every 4 years thereafter, the Mayor shall issue a waste characterization study describing solid waste generation, collection, recycling, composting, diversion, and management in the District.
§ 8–1031.14. Rules; enforcement.
(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this chapter within one year of February 26, 2015.
(a-1) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement §§ 8-1031.12a and 8-1031.12b.
(b) Rules and standards adopted pursuant to any act repealed or superseded by this chapter shall remain in effect unless replaced or repealed by rules and standards promulgated in accordance with this chapter.
(c) The Mayor may establish civil penalties or fines to enforce the provisions of this chapter and regulations promulgated pursuant to this chapter.
(d) The Mayor shall require a private collection property owner found in violation of § 8-1031.04 more than once in a period of 6 months to submit a source separation plan.
(e)(1) For the purpose of enforcing the provisions of this chapter, or any rule issued pursuant to this chapter, the Mayor may, upon the presentation of appropriate credentials to the owner, operator, or agent in charge, enter upon any public or private land in a reasonable and lawful manner during normal business hours for the purpose of inspection and observation.
(2) If denied access to any place while carrying out the activities described paragraph (1) of this subsection, the Mayor may apply to a court of competent jurisdiction for a search warrant.
