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The DC Code: § 8-151.03 District Department of the Environment; establishment; transfers.

Index8 Environmental and Animal Control and Protection (Refs & Annos)
a
Pursuant to § 1-204.04(b), the Council establishes the District Department of the Environment as an agency within the executive branch of the District of Columbia government to consolidate the administration and oversight of environmental laws, regulations, and programs into a single agency.
b
(1) Within 180 days of February 15, 2006, the Mayor shall:
A
Submit to the Council a proposed organizational plan, including an organizational chart, of the DDOE;
B
Transfer to DDOE, as feasible:
i
Existing staff and funding, including any available grant funds and other necessary unexpended funds, from other agencies currently performing duties related to the environment;
ii
Existing agencies, programs, departments, administrations, boards, or commissions implementing, administering, or enforcing federal or District laws relating to the environment, whether involving public or private property, including:
I
All of the policy functions of the Tree Management Administration within the District Department of Transportation;
II
Management of Underground Storage Tank, Toxic Substance, U.S. Environmental Protection Agency funded lead-based paint abatement and control activities lead poison prevention program, Hazardous Waste of Materials, and Toxic Substances divisions within the Department of Health;
III
Management of the Air Quality, Fisheries and Wildlife, Watershed Protection, and Water Quality divisions of Environmental Quality within the Department of Health;
IV
Policy authority for Vector Control within the Department of Health; and
V
Those policy setting duties and functions of the Director of the Department of Public Works related to recycling policy, including:
aa
Researching the technology available for solid waste utilization;
bb
Identifying potential markets for recyclable materials and obtaining statements of interest for recovered materials;
cc
Identifying the amount and characteristics of the solid waste stream in the District;
dd
Providing an assessment of the potential impact of alternative methods of solid waste management, including the public health, physical, social, economic, fiscal, environmental, and aesthetic implications;
ee
Conducting and evaluating the results of public forums or surveys of local citizen opinion on solid waste management practices in conjunction with the Environmental Planning Commission; and
ff
Coordinating efforts to stimulate markets for recycled materials, including District government purchasing policies; and
iii
Interpretative authority of all District laws, rules, regulations, and standards relating to the environment;
C
Designate DDOE the lead agency, as that term is defined in § 8-109.02 and give DDOE primary responsibility for preparing any Environmental Impact Statement required by subchapter V of Chapter 1 of this title;
D
If the Mayor determines primacy may be of benefit to the District, have conducted an analysis of the feasibility of assuming primacy, in accordance with subpart B 40 C.F.R. 142 for SDWA; and
E
Have conducted an analysis of the feasibility and benefit of restructuring the Storm Water Management Administration, including recommendations on how a restructured Storm Water Management will employ progressive and innovative initiatives, including those not yet recognized by the U.S. Environmental Protection Agency, to meet the environmental problems and challenges in the District.
2
Within one year of February 15, 2006, the Mayor shall transfer those duties and functions of the General Manager of the Water and Sewer Authority related to stormwater administration, including the monitoring and coordinating the activities of all District agencies that are required to maintain compliance with the storm water permit, receiving and expending funds from the Storm Water Permit Compliance Enterprise Fund, and establishing a Storm Water Advisory Panel.
3
Pending the transfer of functions and duties of an affected agency to DDOE, nothing in this chapter shall be construed to impair the performance by that agency of its functions and duties.

Historical and Statutory

Effect of Amendments D.C. Law 17-219, in subsec. (b)(1)(B)(ii)(II), substituted "and control activities lead poison prevention program" for "and control activities". Legislative History of Laws For Law 16-51, see notes following § 8-151.01. Law 17-219, the "Fiscal Year 2009 Budget Support Act of 2008", was introduced in Council and assigned Bill No. 17-678, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on May 13, 2008, and June 3, 2008, respectively. Signed by the Mayor on June 26, 2008, it was assigned Act No. 17-419 and transmitted to both Houses of Congress for its review. D.C. Law 17-219 became effective on August 16, 2008. Miscellaneous Notes Short title: Section 6001 of D.C. Law 17-219 provided that subtitle A of title VI of the act may be cited as the "Transfer of the Lead Poison Prevention Program to the District Department of the Environment Amendment Act of 2008". Designation of Director of the District Department of the Environment as Natural Resources Trustee, see Mayor's Order 2011-96, May 10, 2011 (58 DCR 4474). DC CODE § 8-151.03 Current through December 11, 2012

Credits

(Feb. 15, 2006, D.C. Law 16-51, § 103, 52 DCR 10812; Aug. 16, 2008, D.C. Law 17-219, § 6002, 55 DCR 7598.)