§ 8–902. Prohibition and penalties.

(a) It shall be unlawful for any person to dispose or cause or permit the disposal of solid waste, hazardous waste, or medical waste in or upon any street, lot, park, public place, or any other public or private area, whether or not for a commercial purpose, unless the site is authorized for the disposal of solid waste, hazardous waste or medical waste by the Mayor.

(b)(1) Any person who violates subsection (a) of this section shall be liable to arrest.

(2) Any person who disposes of solid waste which is neither hazardous nor medical waste in violation of subsection (a) of this section, shall be guilty of a misdemeanor, and shall be subject to a fine not to exceed $5,000 for the first offense and $10,000 for each subsequent offense, or shall be imprisoned for a period not to exceed 90 days, or both. Any person who disposes of solid waste for a commercial purpose shall be guilty of a felony, and shall be subject to a fine for each offense not to exceed $40,000, or shall be imprisoned for a period not to exceed 5 years, or both.

(3) Any person who knowingly disposes of hazardous waste in violation of subsection (a) of this section shall be guilty of a felony, and subject to a fine for each offense not to exceed $40,000, and a term of imprisonment not to exceed 5 years.

(4) Any person who knowingly disposes of medical waste in violation of subsection (a) of this section shall be guilty of a felony, and subject to a fine for each offense not to exceed $40,000, and a term of imprisonment not to exceed 5 years.

(c) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of this chapter, or any rules or regulations issued under the authority of this chapter, provided that a civil fine up to $10,000 may be assessed for each offense. Any person who knowingly disposes of hazardous waste in violation of this chapter shall be liable for a civil penalty in an amount not to exceed $40,000 for each violation. Adjudication of any civil infraction of this chapter shall be enforced by the Mayor pursuant to § 8-802.

(d) In addition to any other penalties provided in this section, a person’s ownership interest in a motor vehicle used in violating this chapter shall be subject to seizure and forfeiture. All seizures and forfeitures of motor vehicles under this chapter shall be in accordance with § 8-905.

(e) The Mayor is authorized to establish and collect a reasonable fee for the cost of towing and storing seized motor vehicles. A storage fee shall not be charged for the first 24-hour period following the seizure of a motor vehicle. If a person is found not liable for a violation of this chapter, the Mayor shall waive any towing and storage fees assessed under this chapter and refund any penalties paid.

(f) Any person violating subsection (a) of this section, shall also be liable and responsible for paying 3 times the cost and expense incurred by the Mayor for cleaning and clearing the site where the unlawful disposal occurred and for properly disposing of the solid waste. Payment by the violator shall be made within 10 days of demand by the Mayor.

(g) The Mayor may deny, revoke, or not renew, for a period of not less than 30 days, the business license, permit, or motor vehicle registration issued, or to be issued, to any person who has committed a violation of this chapter, provided that the business license, permit, or motor vehicle registration is substantially related to the commission of the offense of unlawful disposal of solid waste in the District. The business license, permit, or motor vehicle registration may not be issued or reissued for a period of not less than 30 days and until all fines, penalties, and fees assessed under this section have been fully satisfied.

(h) The Mayor may impose any sanction provided in Chapter 8 of this title, to the extent that it is not inconsistent with this chapter.

(May 20, 1994, D.C. Law 10-117, § 3, 41 DCR 524; May 9, 1995, D.C. Law 11-12, § 3(b), 42 DCR 1265; Feb. 27, 1996, D.C. Law 11-94, § 13, 42 DCR 7172; Apr. 18, 1996, D.C. Law 11-110, § 15(b), 43 DCR 530; Apr. 29, 1998, D.C. Law 12-90, § 2(b), 45 DCR 1308; May 12, 2006, D.C. Law 16-96, § 2, 53 DCR 1661; Mar. 25, 2009, D.C. Law 17-353, § 110, 56 DCR 1117.)

Prior Codifications

1981 Ed., § 6-2912.

Section References

This section is referenced in § 2-1831.03, § 8-904, and § 23-581.

Effect of Amendments

D.C. Law 16-96, in subsec. (b), substituted “$5,000 for the first offense and $10,000 for each subsequent offense,” for “$1,000 for each offense,”; in subsec. (b), substituted “not to exceed $40,000,” for “not to exceed $25,000,”; in subsec. (c), substituted “a civil fine up to $10,000” for “a civil fine up to $5,000”; in subsec. (c), substituted “not to exceed $40,000,” for “not to exceed $25,000,”; in subsec. (g), substituted “or not renew, for a period of not less than 30 days,” for “or not renew”; and in subsec. (g), substituted “or reissued for a period not less than 30 days and” for “or reissued”.

D.C. Law 17-353, in subsec. (g), substituted “for a period of not less than” for “for a period not less than”.

Emergency Legislation

For temporary amendment of section, see § 3(b) of the Recycling Fee and Illegal Dumping Emergency Amendment Act of 1994 (D.C. Act 10-269, July 7, 1994, 41 DCR 4669).

For temporary amendment of section, see § 13 of the Solid Waste Facility Permit Emergency Act of 1994 (D.C. Act 10-384, December 28, 1994, 42 DCR 45).

Temporary Legislation

For temporary (225 day) amendment of section, see § 3(b) of Recycling Fee and Illegal Dumping Temporary Amendment Act of 1994 (D.C. Law 10-191, October 1, 1994, law notification 41 DCR 6934).

For temporary (225 day) amendment of section, see § 13 of Solid Waste Facility Permit Temporary Act of 1994 (D.C. Law 10-251, March 23, 1995, law notification 42 DCR 1650).

For temporary (225 day) amendment of section, see § 13 of Solid Waste Facility Permit Temporary Act of 1995 (D.C. Law 11-80, February 6, 1996, law notification 43 DCR 776).

See Historical and Statutory Notes following § 8-901.

Delegation of Authority

Delegation of authority pursuant to the Illegal Dumping Enforcement Act of 1994, see Mayor’s Order 96-160, October 31, 1996 ( 43 DCR 6370).