D.C. Act 25-642. Illegal Dumping Enforcement Amendment Act of 2024.
This act is not yet codified in the D.C. Code because it is not yet effective as law. It is projected to become effective on Mar. 6, 2025.
AN ACT
To amend the Illegal Dumping Enforcement Act of 1994 to expressly include appliances, furniture, mattresses, shopping carts, and tires within the definition of the term solid waste, to codify the Attorney General for the District of Columbia's criminal enforcement authority over misdemeanors, and to allow the Attorney General for the District of Columbia to commence appropriate civil actions for damages, civil penalties, cost recovery, reasonable attorney and expert witness fees, and injunctive or other appropriate relief; and to amend the Female Genital Mutilation Prohibition Act of 2024 to remove the definition of the term guardian.
BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Illegal Dumping Enforcement Amendment Act of 2024".
Sec. 2. The Illegal Dumping Enforcement Act of 1994, effective May 20, 1994 (D.C. Law 10-117; D.C. Official Code § 8-901 et seq.), is amended as follows:
(a) Section 2(6) (D.C. Official Code § 8-901(6)) is amended by striking the phrase "includes dirt, sand" and inserting the phrase "includes appliances, furniture, mattresses, shopping carts, tires, dirt, sand" in its place.
(b) Section 3 (D.C. Official Code § 8-902) is amended as follows:
(1) Subsection (b) is amended as follows:
(A) Paragraph (2) is amended by striking the phrase "both. Any person who disposes of solid waste for a commercial purpose shall be guilty of a felony, and shall be subject to a fine for each offense not to exceed $40,000, or shall be imprisoned for a period not to exceed 5 years, or both." and inserting the phrase "both." in its place.
(B) A new paragraph (2A) is added to read as follows:
"(2A) Any person who disposes of solid waste for a commercial purpose shall be guilty of a felony, and shall be subject to a fine for each offense not to exceed $40,000, or shall be imprisoned for a period not to exceed 5 years, or both.".
(2) New subsections (i) and (j) are added to read as follows:
"(i) The Attorney General for the District of Columbia shall prosecute those violations of subsection (a) of this section for which the penalties are set forth in subsection (b)(2) of this section.
"(j) In addition to or in lieu of enforcement by the Mayor pursuant to subsection (c) or (h) of this section or criminal enforcement pursuant to subsection (b) of this section, the Attorney General for the District of Columbia may commence a civil action in the Superior Court of the District of Columbia or any other court of competent jurisdiction for damages, civil penalties, cost recovery, reasonable attorney and expert witness fees, and injunctive or other appropriate relief to enforce compliance with this act or regulations adopted pursuant to this act.".
Sec. 3. Section 2(a)(2) of the Female Genital Mutilation Prohibition Act of 2024, enacted on October 7, 2024 (D.C. Act 25-559; 71 DCR 12328), is repealed.
Sec. 4. Fiscal impact statement.
The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 4a of the General Legislative Procedures Act of 1975, approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a).
Sec. 5. Effective date.
This act shall take effect upon its approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto) and a 30-day period of congressional review as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)).
