§ 8–771.10. Rules, enforcement, and fees.

(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this chapter.

(b)(1) The Mayor shall charge an annual administrative fee to producers or battery stewardship organizations implementing approved battery stewardship plans to cover the District's oversight costs, including planning, plan review, annual oversight, enforcement, and other directly related tasks.

(2) The Mayor may impose civil fines and penalties for violations of the provisions of this chapter or any rules issued pursuant to this chapter, pursuant to Chapter 18 of Title 2 ("Civil Infractions Act"). Enforcement and adjudication of an infraction shall be pursuant to the Civil Infractions Act.

(3) Fees, penalties, and fines collected under this chapter shall be deposited in the Product Stewardship Fund established by § 1-325.381.

(c)(1) For the purpose of enforcing the provisions of this chapter, or any rule issued pursuant to this chapter, the Mayor may, upon 48 hours' written notice and the presentation of appropriate credentials to the owner, operator, or agent in charge, enter upon any public or private property 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.

(Feb. 26, 2015, D.C. Law 20-154, § 138 [137]; as added Mar. 16, 2021, D.C. Law 23-211, § 2(q), 68 DCR 00068.)

Applicability

Section 7203 of D.C. Law 24-45 repealed the applicability provision of section 4 of D.C. Law 23-211 that impacted this section. Therefore the creation of this section by §2(q) of Law 23-211 has been implemented.

Section 7203 of D.C. Act 24-159 repealed the applicability provision of section 4 of D.C. Law 23-211 that impacted this section. Therefore the creation of this section by §2(q) of Law 23-211 has been implemented.

Applicability of D.C. Law 23-211: § 6 of D.C. Law 23-211 provided that the creation of this section by § 2(q) of D.C. Law 23-211 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.