D.C. Mun. Regs. tit. 16, § 4012
Paint Stewardship Program Infractions
Effective Jan 17, 202067 DCR 366Authority: Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.04 (2016 Repl.)); the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq. (2013 Repl.)); the Paint Stewardship Act of 2014, effective March 11, 2015 (D.C. Law 20-205; D.C. Official Code §§ 8-233.01 et seq. (2019 Supp.)); Mayor’s Order 2006-61, dated June 14, 2006; and Mayor’s Order 2015-229, dated October 7, 2015. Source: Final Rulemaking published at 67 DCR 366 (January 17, 2020).District of Columbia, Office of the Secretary
4012.1 [RESERVED]
4012.2 [RESERVED]
4012.3 Violation of any of the following provisions shall be a Class 3 infraction:
- (a) D.C. Official Code § 8-233.02(c) (failure to implement an approved paint stewardship program plan);
- (b) D.C. Official Code § 8-233.03(b) (participating as a paint collection point not pursuant to an approved paint stewardship program);
- (c) 20 DCMR § 4003.1(a) (failure to operate a collection location pursuant to a contract with a producer or representative organization);
- (d) 20 DCMR § 4003.1(c) (collecting oil-based paint from an entity that is not a household or a conditionally exempt small quantity generator); or
- (e) 20 DCMR § 4003.1(d) (collecting oil-based paint that is not in liquid form and in its original packaging or in a closed container that is properly labeled).
4012.4 Violation of any of the following provisions shall be a Class 4 infraction:
- (a) D.C. Official Code § 8-233.02(b)(1) (failure to add the paint stewardship assessment to the purchase price of paint sold);
- (b) D.C. Official Code § 8-233.02(d) (selling or offering for sale paint not covered under a product stewardship plan);
- (c) D.C. Official Code § 8-233.02(f) or 20 DCMR § 4002.1 (failure to submit an annual paint stewardship program report with the required elements);
- (d) D.C. Official Code § 8-233.03(a) (selling or offering for sale unapproved paint not listed on DOEE's webpage);
- (e) D.C. Official Code § 8-233.04(c) (failure to comply with a modified plan); or
- (f) 20 DCMR § 4001.2 (failure to submit a modified plan).
4012.5 Violation of the following provision shall be a Class 5 infraction:
(a) D.C. Official Code § 8-233.02(e) (failure to provide consumers with the specified educational materials).
SOURCE: Final Rulemaking published at 67 DCR 366 (January 17, 2020).