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District of Columbia Code Division I. Government of District. § 8-771.07. Cause of action.

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) A battery stewardship organization implementing an approved battery stewardship plan in compliance with the requirements of this chapter may bring a civil action against a producer for damages when:

(1) The plaintiff incurs more than $1,000 in actual costs collecting, handling, recycling, and properly disposing of the defendant producer's batteries sold or offered for sale in the District; and

(2) The defendant producer is not in compliance with the requirements of § 8-771.02(a).

(b) DOEE shall not be a necessary party to or be required to provide assistance or otherwise participate in a civil action authorized under this section solely due to its regulatory requirements under this chapter, unless subject to subpoena before a court of jurisdiction.

(c) A battery stewardship organization may file a civil action under this section regardless of whether it has petitioned DOEE under § 8-771.06(b).

(d) For the purposes of this section, the term “damages” means:

(1) The actual costs a plaintiff battery stewardship organization incurs in collecting, handling, recycling, or properly disposing of batteries reasonably identified as having originated from another battery producer or battery stewardship organization, and

(2) The attorneys' fees and costs associated with bringing the civil action.

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Cite this article: FindLaw.com - District of Columbia Code Division I. Government of District. § 8-771.07. Cause of action. - last updated January 01, 2024 | https://codes.findlaw.com/dc/division-i-government-of-district/dc-code-sect-8-771-07/

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