Home/DC Code/§ 8-103.09
§ 8-103.09Title 8

Accounting for revenues and expenses of pollutant removal; available funds for future years; District of Columbia Wetland and Stream Mitigation Trust Fund.

The Mayor shall establish a financial system to account for revenues and expenses associated with removing pollutants. Civil penalties and other charges recovered under §§ 8-103.15 through 8-103.19 shall finance the pollution removal when the person responsible for the pollution cannot be found and the Mayor determines that the pollution should be removed, and may be used to purchase equipment and supplies for the § 8-103.08(c) plan. Agencies may be reimbursed after incurring expenses for removing or preventing the spread of pollution. After reimbursements and discretionary equipment purchases under subsection (a) of this section at the end of the fiscal year, the Mayor shall make available for use in future years subsection (a)(2) of this section funds up to $250,000. Repealed. The District of Columbia Wetland and Stream Mitigation Trust Fund (“Wetland Fund”) is hereby established as a nonlapsing, revolving fund pursuant to an act of Congress, to be administered by the Mayor and used for restoration, creation, and enhancement of wetlands and the waters of the District. Excluding monies collected in the current year, any money deposited in the Wetland Fund in the year prior to the current year and the interest earned on that money remaining in the Fund after the payment of the costs accrued in the prior year, less 10% of the remainder amount that shall be retained as a reserve operating balance, shall be transferred or revert to the General Fund of the District of Columbia. The Wetland Fund shall be financed by payments received to mitigate the damage to or destruction of habitat pursuant to § 8-103.06(a)(3). The Wetland Fund shall be accounted for under the procedures established pursuant to subchapter V of Chapter 3 of Title 47, and any other applicable law. The Mayor may use the Wetland Fund to repair or replace aquatic habitat that is damaged or destroyed by activities in wetlands or on underwater lands including, but not limited to, dredge and fill activity, or construction activities. “Notwithstanding any other law, the funds which are deposited in the fund designated for accounting purposes by the Office of the Chief Financial Officer as fund 0665 within the District Department of the Environment pursuant to the Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code § 8-103.01 et seq.), shall be deposited in the General Fund of the District of Columbia and shall not be accounted for by a separate fund or account within the General Fund of the District of Columbia. Any unexpended funds in the fund on the effective date of this subtitle shall be transferred to the unrestricted fund balance of the General Fund of the District of Columbia.” “Sec. 9088. Adjudication Hearings (Water Quality) Fund. “Notwithstanding any other law, the funds which are deposited in the fund designated for accounting purposes by the Office of the Chief Financial Officer as fund 0664 within the District Department of the Environment pursuant to the Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code § 8-103.01 et seq.), shall be deposited in the General Fund of the District of Columbia and shall not be accounted for by a separate fund or account within the General Fund of the District of Columbia. Any unexpended funds in the fund on the effective date of this subtitle shall be transferred to the unrestricted fund balance of the General Fund of the District of Columbia. “Sec. 9087. Adjudication Hearings (Air Quality) Fund. Sections 9087 and 9088 of D.C. Law 19-21 provided:

Annotations

Mar. 16, 1985, D.C. Law 5-188, § 10, 32 DCR 919
Mar. 15, 1990, D.C. Law 8-83, § 2, 37 DCR 41
Nov. 13, 2003, D.C. Law 15-39, § 612(c), 50 DCR 5668
Apr. 13, 2005, D.C. Law 15-354, §§ 84(d)(2), 90, 52 DCR 2638
For temporary (90 day) amendment of section, see § 612(c) of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).
For temporary (90 day) amendment of section, see § 612(c) of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).
D.C. Law 15-354, in the section heading, validated previously made technical corrections.
D.C. Law 15-39, in the section heading, substituted “District of Columbia Wetland and Stream Mitigation Trust Fund” for “District of Columbia Water Pollution Control Fund”; repealed subsec. (c); and added subsec. (d).
1981 Ed., § 6-929.
This section is referenced in § 8-103.06.
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