D.C. Mun. Regs. tit. 10-A, § 624
624.1 Hazardous substances include materials that may pose a threat to human health or the environment when they are improperly handled, stored, or disposed of. The use of hazardous substances is common in households and businesses across Washington, DC, from the perchloroethylene used by dry cleaners, to the pesticides and herbicides used in lawn care, to common cleansers and solvents used in District households. Hazardous building materials such as asbestos, lead, and mercury may be present in many of Washington, DC’s older structures. Naturally occurring hazards such as radon, and biological contaminants such as mold, also may be present.
624.2 Hazardous materials are also transported through the District on trucks and in rail cars. Even if all handling, transport, and storage regulations are properly followed, such substances may pose a risk in the event of an accidental spill or act of terrorism.
624.3 A complex set of federal and District regulations govern hazardous substance handling. Many of these regulations are implemented through District programs designed to reduce public health hazards and conserve the environment. These include UST regulation, clean-up programs for contaminated sites, toxic substance investigations, and household hazardous waste disposal programs. The level of investigation and clean up required at any given site depends on the degree of contamination, existing land uses, and the particular land use that is planned there in the future. Looking forward, pollution-prevention practices (including hazardous waste minimization and toxic chemical source reduction), stronger environmental review procedures, and continued remediation measures can reduce the likelihood of exposure to hazardous materials and protect public safety and ecological resources.
624.4 Vigilance must be taken to enforce regulations regarding the transport of hazardous materials through Washington, DC. This continues to be a high priority of the District’s Emergency Management Agency, both to protect the security of District residents, workers, and visitors, and to respond swiftly and effectively in the event of an emergency.
624.5 Policy E-6.3.1: Hazardous Materials Management Strengthen and enforce programs to manage the use, handling, transportation, storage, and disposal of harmful chemical, biological, and radioactive materials, including expanded enforcement of local regulations and the establishment of training programs on hazardous materials and emergency planning.
624.6 Policy E-6.3.2: Hazardous Building Materials and Conditions
Protect public health and safety by testing for and, where appropriate, removing lead, radon gas, asbestos, and other hazardous materials from the built environment. When these hazards are abated, require full compliance with all applicable licensing and inspection standards.
Comply with District laws relating to the notification and reporting of accidental spills and releases of hazardous materials. Improve public education and awareness of these requirements as part of a broader effort to improve emergency planning, preparedness, and response in Washington, DC.
Encourage the substitution of nontoxic or less toxic chemicals and products for toxic chemicals and products in small businesses and households. Provide options for the disposal of hazardous waste generated by households and small businesses to minimize illegal and harmful dumping. Maintain penalties and fines for the illegal dumping of materials such as used oil and batteries.
Necessary steps shall be taken to remediate soil and groundwater contamination in Washington, DC, both in areas where future development is likely and in areas that are already fully developed. In addition, require soil and groundwater evaluations for any development that is proposed on a site where contamination may be possible due to past activities. Depending on the site, it may also be necessary to investigate the effects of contamination on air quality, surface water, or river sediments, or to conduct an ecological risk assessment. If contamination is found to be above acceptable levels, require remediation and, where necessary, long-term monitoring and institutional controls.
Ensure that land use planning and development decisions minimize the exposure of residents, workers, and visitors to hazardous substances. New residences, schools, and similarly sensitive land uses should not be sited in areas where significant quantities of hazardous substances are handled, stored, or disposed. Likewise, new municipal or industrial facilities that use toxic materials or produce hazardous waste should not be sited in residential or environmentally sensitive areas.
For uses where hazardous substances are handled, require design and construction practices that minimize the possibility of hazardous spills, accidents, leaks, or security breaches, and encourage other measures as necessary to prevent injury and disease and to protect property and natural resources.
624.12 Policy E-6.3.8: Hazardous Materials Transport Regulate and guide the transport of hazardous materials through the District to minimize risks to human health, property, and the environment.See the Land Use Element for additional policies on conflicts between industrial and residential uses. See the Community Services and Facilities Element for further information on emergency preparedness.624.13 Action E-6.3.A: Household Hazardous Waste Disposal Expand the District's education and outreach programs on the dangers of household hazardous wastes and continue to sponsor and publicize household hazardous waste collection events. Provide additional sites and regularly scheduled events for the safe collection and disposal of such wastes. Explore options for addressing the collection and disposal of hazardous waste from businesses that are classified as conditionally exempt small quantity generators.624.14 Action E-6.3.B: Compliance with Hazardous Substance Regulations Maintain regulatory and inspection programs to ensure that all non-household entities that store, distribute, or dispose of hazardous materials comply with all applicable health, safety, and environmental requirements. These requirements range from used oil collection facilities at automotive repair shops to disposal of medical waste from area hospitals and clinics.624.15 Action E-6.3.C: Reducing Exposure to Hazardous Building Materials Implement programs to reduce exposure to hazardous building materials and conditions, including the existing radon gas testing program, the asbestos program, and the childhood lead poisoning prevention and lead-based paint management programs. The latter programs are designed to eliminate childhood lead poisoning District-wide and to regulate the lead abatement industry to ensure the use of safe work practices. District programs should provide technical and financial support to the owners of residential properties, and particularly resident homeowners, for the abatement of these hazards.624.16 Action E-6.3.D: UST Management Maintain and implement regulations to monitor USTs) that store gasoline, petroleum products, and hazardous substances. Prevent future releases from USTs to soil and groundwater, abate leaking tanks and other hazardous conditions, remediate contaminated sites, and provide public education on UST hazards.624.17 Action E-6.3.E: Reductions in Pesticide Use Maintain a pesticide management program that complies with the District's Municipal Regulations for pesticide registration, operator/applicator certification, and handling/use. Implement new programs to promote integrated pest management by the public and private sectors and discourage the use of harmful
pesticides by District residents, institutions, and businesses. Encourage household practices that limit mosquito breeding areas by draining standing water in such places as clogged drain pipes, flower pot trays, and discarded tires.
Complete the hazardous substance response plan required under the District’s Brownfields Act, and update the water pollution control contingency plan, as required under the District’s Water Pollution Control Act.
In 2011, MWCOG developed a Water Pollution Control Contingency Plan on behalf of the District. The plan is intended to provide guidance to the District agencies and departments that respond to hazardous substance, oil, and sewage spills that may threaten or taint ground or surface waters or natural resources within the boundaries of Washington, DC. To ensure that this plan remains current, it will be updated and revised every five years.
Update the Water Pollution Control Contingency Plan, which includes specific notification and response strategies for major and minor spills/releases and effective containment/clean up methods. Incorporate changes in organizational structures, laws, and regulations, and in programmatic needs.
SOURCE: District of Columbia Comprehensive Plan Act of 1984, effective April 10, 1984 (D.C. Law 5-76; 31 DCR 1049 (March 9, 1984)); as amended by District of Columbia Comprehensive Plan Act of 1984 Land Use Element Amendment Act of 1984, effective March 16, 1985 (D.C. Law 5-187; 32 DCR 873 (February 15, 1985)); as amended by District of Columbia Comprehensive Plan Amendments Act of 1989, effective May 23, 1990 (D.C. Law 8-129; 37 DCR 55 (January 5, 1990)); as amended by District of Columbia Comprehensive Plan Amendments Act of 1989 NCPC-Recommended Amendments, and Closing of Public Alleys in Square 669, S.O. 88-452, Act of 1990, effective May 23, 1990 (D.C. Law 8-132; 37 DCR 2213 (April 6, 1990)); as amended by District Government Land Use Temporary Amendment Act of 1994, effective October 1, 1994 (D.C. Law 10-190; 41 DCR 5360 (August 12, 1994)); as amended by Comprehensive Plan Amendments Act of 1994, effective October 6, 1994 (D.C. Law 10-193; 41 DCR 5536 (August 19, 1994)); as amended by District of Columbia Comprehensive Plan Act of 1984 Land Use Amendment Act of 1994, effective March 21, 1995 (D.C. Law 10-235; 42 DCR 30 (January 6, 1995)); as amended by Technical Amendments Act of 1996 effective April 18, 1996 (D.C. Law 11-110; 43 DCR 530 (February 9, 1996)); as amended by Second Technical Amendments Act of 1996 effective April 9, 1997 (D.C. Law 11-255; 44 DCR 1271 (March 7, 1997)); as amended by Comprehensive Plan Amendment Act of 1998, effective April 27, 1999 (D.C. Law 12-275; 46 DCR 1441 (February 19, 1999)); as amended by Technical Amendments Act of 1999, effective April 12, 2000 (D.C. Law 13-91; 47 DCR 520 (January 28, 2000)); as amended by Comprehensive Plan Amendment Act of 2006, effective March 8, 2007 (D.C. Law 16-300; 54 DCR 924 (February 2, 2007)); as amended by Technical Amendments Act of 2008, effective March 25, 2009 (D.C. Law 17-353; 56 DCR 1117 (February 6, 2009)); as amended by Comprehensive Plan Amendment Act of 2010, effective April 8, 2011 (D.C. Law 18-361; 58 DCR 908 (February 4, 2011)); as amended by Comprehensive Plan Amendment Act of 2021, effective August 21, 2021 (D.C. Law 24-20; 68 DCR 006918 (July 16, 2021)).