Section 8-771.07 - Cause of action.(a) A battery stewardship organization implementing an approved battery stewardship plan in compliance with the requirements of this subtitle 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 section 129(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 subtitle, 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 section 133(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.Added by D.C. Law 23-211,§ 2, 68 DCR 003425, eff. 3/16/2021.