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Councilmember Janeese Lewis George Councilmember Vincent C. Gray
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Councilmember Christina Henderson Councilmember Brooke Pinto
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Councilmember Anita Bonds Councilmember Zachary Parker
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Councilmember Matthew Frumin Councilmember Kenyan R. McDuffie
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Councilmember Trayon White, Sr.
A BILL
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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1 To amend the Illegal Dumping Enforcement Act of 1994 to expressly include appliances and tires
2 within the definition of solid waste, to codify the Attorney General for the District of
3 Columbia’s criminal enforcement authority, and to allow the Attorney General for the
4 District of Columbia to commence appropriate civil actions for damages, civil penalties,
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5 cost recovery, reasonable attorney and expert witness fees, and injunctive or other
6 appropriate relief.
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8 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
9 act may be cited as the “Illegal Dumping Enforcement Amendment Act of 2023”.
10 Sec. 2. The Illegal Dumping Enforcement Act of 1994, effective May 20, 1994 (D.C.
11 Law 10-117; D.C. Official Code § 8-901 et seq.), is amended as follows:
12 (a) Section 2(6) (D.C. Official Code § 8-901(6)) is amended by striking the phrase
13 “includes dirt, sand” and inserting the phrase “includes appliances, tires, dirt, sand” in its place.
14 (b) Section 3 (D.C. Official Code § 8-902) is amended as follows:
15 (1) Subsection (b) is amended as follows:
16 (A) Paragraph (2) is amended by striking the phrase “. Any person who
17 disposes of solid waste for a commercial purpose shall be guilty of a felony, and shall be subject
18 to a fine for each offense not to exceed $40,000, or shall be imprisoned for a period not to exceed
19 5 years, or both.” and inserting a period in its place.
20 (B) A new paragraph (2A) is added to read as follows:
21 “(2A) Any person who disposes of solid waste for a commercial purpose shall be
22 guilty of a felony, and shall be subject to a fine for each offense not to exceed $40,000, or shall
23 be imprisoned for a period not to exceed 5 years, or both.”.
24 (2) A new subsection (i) is added to read as follows:
25 “(i) The Attorney General for the District of Columbia shall prosecute violations of
26 subsection (a) of this section for which the penalties are set forth in subsection (b)(2) of this
27 section.”.
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28 (3) A new subsection (j) is added to read as follows:
29 “(j) In addition to or in lieu of enforcement by the Mayor pursuant to subsection (c) or (h)
30 of this section or criminal enforcement pursuant to subsection (b) of this section, the Attorney
31 General for the District of Columbia may commence a civil action in the Superior Court of the
32 District of Columbia or any other court of competent jurisdiction for damages, civil penalties,
33 cost recovery, reasonable attorney and expert witness fees, and injunctive or other appropriate
34 relief to enforce compliance with this act or the regulations adopted pursuant to this act.”.
35 Sec. 4. Fiscal impact statement.
36 The Council adopts the fiscal impact statement in the committee report as the fiscal
37 impact statement required by section 4a of the General Legislative Procedures Act of 1975,
38 approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
39 Sec. 5. Effective date.
40 This act shall take effect upon its approval by the Mayor (or in the event of veto by the
41 Mayor, action by the Council to override the veto), a 30-day period of congressional review as
42 provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December
43 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of
44 Columbia Register.
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