Murie. BowsER
Mayor
March 20, 2023
The Honorable Phil Mendelson
Chairman
Couneilofthe District of Columbia
John A. Wilson Building
1350 Pennsylvania Avenue, NW, Suite 504
Washington, DC 20004
Dear Chairman Mendelson:
Enclosed for consideration and approval by the Council of the District of Columbia is the
proposed resolution entitled the “Underground Storage Tanks Infractions ScheduleofFines
Emergency Approval Resolution of 2023” and an accompanying emergency declaration
resolution.
The proposed resolutions would approve a proposed final rulemaking that would establish
a scheduleoffines for violationsofrules related to underground storage tanks in Title 16
(Consumers, Commercial Practices, and Infractions), Chapter 40 (DDOE Infractions) of the
District of Columbia Municipal Regulations to ensure that the maintenance of underground
storage tanks is undertaken in a manner that protects public health and safety and the
environment.
urge the Council to take prompt and favorable action on the enclosed legislation.
Sincfely,
Murél Bower
Sear s4ueune
airman Phil Mendelson
at the request of the Mayor
A PROPOSED RESOLUTION
ll
12 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA.
13
14
Is
16
17 To declare the existenceof an emergency with respect to the need to approve the
18 proposed rulemaking and final rulemaking issued by the Department of Energy
19 and Environment establishing a scheduleofcivil infractions concerning
20 underground storage tanks.
21
22 RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That
23 this resolution may be cited as the “Underground Storage Tanks Infractions Schedule of
24 Fines Approval Emergency Declaration Resolution of 2023”.
25 See. 2. (a) There exists an immediate need to approve proposed and final rules
26 issued by the Department of Energy and Environment (“Department”) establishing a
27 scheduleofcivil infractions concerning underground storage tanks.
28 (b) On December 4, 2020, in Volume 67, Page 14224ofthe D.C. Register, the
29 Department published proposed rules that would establish a scheduleofcivil infractions
30 for violations of the District of Columbia Underground Storage Tank Management Act,
31 effective March 8, 1991 (D.C. Law 8-242; D.C. Official Code § 8-113.01 et seq.).
32 (©) After receiving no public comments on these proposed rules, the Department
33 finalized them and published them on October 29, 2021, in Volume 68, Page 11423 of
34 the D.C. Register:
35 (d) These rules were issued under section 104 of the Department of Consumer and
36 Regulatory A fairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-
37 42; D.C. Official Code § 2-1801.04(a)), which provides in paragraph (a)(1) that a
38 schedule of fines issued by the Mayor, or an amendment to one, must undergo Council
39 review, and “shall not become effective until approved by the Council, or 30 days after
40 submission if the Council has not disapproved the schedule or amendments.”
41 (©) Neither the 2020 proposed rulemaking nor the 2021 final rulemaking was
42 submitted to the Council for approval. Accordingly, the Department rescinded the 2021
final rulemaking in 2022.
44 (h) Council approval is necessary to allow the Department to finalize this,
45 schedule of fines.
46 See. 3. The Councilofthe District of Columbia determines that the
47 circumstances enumerated in section 2 constitute emergency circumstances making it
48 necessary that the Underground Storage Tanks Infractions Schedule of Fines Approval
49 Emergency Resolution of 2023 be adopted after a single reading.
Sec. 4. This resolution shall take effect immediately.