(a) Except as provided in subsection (g) of this section, beginning on January 1, 1994, if any person, including any partnership, corporation, or association, sells or distributes a significant quantity of a paper or paper product, subject to this section, in the District of Columbia (“District”), the paper or paper product shall contain in the aggregate for the calendar year at least the minimum percentage of recycled content designated in this section or in the rules issued, or amended, by the United States Environmental Protection Agency (“EPA”) pursuant to § 6002 of the Resource Conservation and Recovery Act of 1976, approved October 21, 1976 (90 Stat. 2822; 42 U.S.C. § 6962), and set forth in 40 CFR 250.21 (Table 1).
(b) For the purposes of this section, the phrase “significant quantity” of a paper or paper product means an average per-issue circulation of at least 30,000 copies, an annual weight of at least 500 tons, or annual gross receipts of at least $100,000 from the sale or distribution of a paper or paper product. The phrase “paper or paper product subject to this section” means any paper or paper product selected by the EPA for inclusion in the table set forth in subsection (c) of this section. If the EPA finds insufficient production of a particular paper or paper product with recycled content to assure adequate competition, the paper or paper product shall not be subject to this section.
(c) Table of minimum recycled content requirements.
(d) For the purposes of this section, the terms used in the table of minimum recycled content requirements in subsection (c) of this section shall have the same meaning as those terms have in 40 CFR 250.4.
(e) The Mayor shall publish notice in the District of Columbia Register within 30 days after any amendment by the EPA to 40 CFR subsection 250.21 (Table 1) regarding the minimum recycled content requirements set forth in subsection (c) of this section. Any amendment to the table shall also be published in the District of Columbia Official Code.
(f) Notwithstanding the date for compliance with the recycled content percentage requirements set forth in subsection (a) of this section, the dates for compliance with the recycled content percentage requirement for newsprint shall be as follows:
(1) 12% for calendar year (“CY”) 1992;
(2) 12% for CY 1993; and
(3) 20% for CY 1994 and all subsequent calendar years.
(g)(1) The recycled content percentages for newsprint required by this section for newspapers sold or distributed in the District shall be measured in the aggregate for all such newspapers collectively, on a District-wide basis.
(2) However, in the year following any year in which the Mayor determines, based on the reports submitted under § 8-1020, that the required recycled content percentages for newsprint for the previous year were not achieved in the aggregate on a District-wide basis, then each person subject to this section shall meet the required percentages.
CREDIT(S)
(Mar. 16, 1989, D.C. Law 7-226, § 22, as added Mar. 6, 1991, D.C. Law 8-208, § 2, 37 DCR 8458; July 22, 1992, D.C. Law 9-130, § 2(a), 39 DCR 4054; Feb. 5, 1994, D.C. Law 10-68, § 19(a), 40 DCR 6311.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-3419.
Legislative History of Laws
Law 8-208, the “Paper and Paper Products Recycling Incentive Amendment Act of 1990,” was introduced in Council and assigned Bill No. 8-418, which was referred to the Committee on Public Services. The Bill was adopted on first and second readings on November 20, 1990, and December 4, 1990, respectively. Signed by the Mayor on December 14, 1990, it was assigned Act No. 8-283 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 9-130, see Historical and Statutory Notes following § 8-1022.01.
For legislative history of D.C. Law 10-68, see Historical and Statutory Notes following § 8-1003.