D.C. Mun. Regs. tit. 16, § 4014
Battery Stewardship Program Infractions
Effective Feb 23, 202471 DCR 001927Authority: Section 104 of the 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); Mayor’s Order 2006-61 dated June 14, 2006; Subtitle D (Extended Producer Responsibility for Batteries) of Title I (Waste Management, Reduction, and Recovery) of the Sustainable Solid Waste Management Amendment Act of 2014, effective March 16, 2021 (D.C. Law 23-211; D.C. Official Code § 8-771.01 et seq.); and Mayor’s Order 2022-028 dated February, 10, 2022. Source: Final Rulemaking published at 71 DCR 001927 (February 23, 2024).District of Columbia, Office of the Secretary
4014.1 [RESERVED]
4014.2 [RESERVED]
4014.3 Violation of any of the following provisions shall be a Class 3 infraction:
- (a) 20 DCMR § 3900.1(b) (failure to fully implement an approved battery stewardship plan or amendment to the plan no later than ninety (90) days after receiving DOEE approval);
- (b) 20 DCMR § 3900.1(e) (failure to register with DOEE using an agency prepared registration form on or before January 1 of each year);
- (c) 20 DCMR § 3900.1(f) (failure to submit an annual report with the required elements to DOEE on or before June 1 of each year);
- (d) 20 DCMR § 3900.1(g) (failure to submit a proposed amendment to a battery stewardship plan);
- (e) 20 DCMR § 3900.1(h) (failure to submit amended performance goals as required on the anniversary of the approval of the initial battery stewardship plan);
- (f) 20 DCMR § 3900.1(i) (failure to submit the results of an independent assessment of the battery stewardship plan and recommendations to improve the plan);
- (g) 20 DCMR § 3900.2 (failure to submit an amended plan with required corrections or revisions within forty-five (45) days of DOEE notice of rejection or required revision);
- (h) 20 DCMR § 3900.3(a) (failure to provide a safety tutorial as required for a battery collection site designated under an approved plan and require that collection site personnel responsible for the collection program complete the safety tutorial);
- (i) 20 DCMR § 3901.1(a) (failure of a producer to join a battery stewardship organization); or
- (j) 20 DCMR § 3907 (failure of a battery stewardship organization to pay the administrative fee).
4014.4 Violation of the following provisions shall be a Class 4 infraction:
(a) Section 137(a) of the Sustainable Solid Waste Management Amendment Act of 2014, effective March 16, 2021 (D.C. Law 23-211; D.C. Official Code § 8-771.09(a)) (disposal of primary or rechargeable batteries in the District through means other than battery recycling programs or other methods approved by the Mayor by a producer). The disposal of each increment of one (1) to ten (10) batteries shall be a separate violation; or
(b) Section 137(b) of the Sustainable Solid Waste Management Amendment Act of 2014, effective March 16, 2021 (D.C. Law 23-211; D.C. Official Code § 8-771.09(b)) (knowing disposal of primary or rechargeable batteries in the District through means other than battery recycling programs or other methods approved by the Mayor by any person). The disposal of each increment of one (1) to ten (10) batteries shall be a separate violation.
4014.5 Violation of any provision of Subtitle D (Extended Producer Responsibility for Batteries) of Title I (Waste Management, Reduction, and Recovery) of the Sustainable Solid Waste Management Amendment Act of 2014, effective March 16, 2021 (D.C. Law 23-211; D.C. Official Code § 8-771.01 et seq.), or the implementing rules in 20 DCMR Chapter 39, that is not cited elsewhere in this section shall be a Class 5 infraction.
SOURCE: Final Rulemaking published at 71 DCR 001927 (February 23, 2024).