arcnav.gif (3459 bytes)

Back to pending legislation page

Solid Waste Facility Permit Act of 1995 Amendment Act of 1998
Bill 12-582

DC Watch Home

Council Period 12

Council Period 13

Council Period 14

Council Period 15

Election 1998

Election 2000

Election 2002

themail

Search DCWatch

Harry Thomas, Sr.

A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

To amend the District of Columbia Solid Waste Facility Permit Act of 1995 to protect residential communities and commercial districts within the District of Columbia from the harmful effects of existing solid waste facilities by establishing stricter standards of operation for solid waste facilities regarding air quality and water quality, by requiring solid waste facilities to remediate adverse impacts, by providing funding for enforcement, by establishing a moratorium on new licenses until appropriate sites are identified, and by establishing an advisory panel to the Council to identify suitable locations for trash transfer operations.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, that this Act may be cited as the "Solid Waste Facility Permit Act of 1995 Amendment Act of 1998".

Sec. 2

The Solid Waste Facility Permit Act of 1995, effective February 27, 1996 (D.C. Law 11-94; D.C. Code §6-3451 et seq.), is amended as follows:

(a) Section 2 (D.C. Code §6-3451) is amended by adding new paragraphs 16-20 to read as follows:

"(16) "Abate" means to control disease vectors including rats and other vermin.

"(17) "Facility" means any building, structure or portion of a site where solid waste is handled or stored.

"(18) "Operations area" means any area where solid waste handling or related activities including storage, heavy equipment operations, truck idling, queuing or parking occurs.

"(19) "Residential street" means any street on which 50 percent or more of the street frontage is used for residential purposes, for residential and non-business property, or is zoned as residential property. The designation of a street as a residential street shall be determined block-by-block.

"(20) "Site" means the total area of any lot or lots that are partially or completely occupied by a solid waste handling facility or its operations area or any lot or lots owned or leased by the owner or operator of a solid waste handling facility that are adjacent to a lot or lots that are partially or completely devoted to solid waste handling operations.",

(b) Section 2 paragraph 10 (D.C. Code §6-3451) is amended by inserting the phrase construction and demolition waste" after the word "refuse",

(c) Section 6 (D.C. Code §6-3455) is amended as follows:

(1) By adding the phrase "and operating" after the word "Reporting" in the title of this section.

(2) By adding a new subsection (c) to read as follows:

"(c) All new and existing solid waste facilities holding interim and permanent operating permits pursuant to this act shall comply with the following operating and reporting requirements:

"(1) Each solid waste facility shall develop a traffic flow plan for the area within a four block radius of the facility and shall submit that plan to the Department of Public Works for review and approval. The traffic flow plan shall be designed to maximize use of truck routes or other major traffic routes of four or more lanes and to minimize truck traffic on residential streets or through residential areas. The plan shall include, at minimum, a map designating the proposed travel routes for all trucks traveling to and from the facility and a plan for enforcement of the traffic flow plan by the facility. The traffic flow plan shall be implemented immediately upon approval by the Department of Public Works.

"(2) Each solid waste facility shall clean the streets immediately adjacent to the facility and those streets designated as proposed travel routes in its traffic flow plan at least once a week as needed.

"(3) As soon as practicable, all solid waste facilities shall be required to install an entry system, using the best available technology, that prevents dust and odors from escaping from the facility. Truck doors or bays to the facility shall open only when a vehicle is entering or exiting the facility and shall close immediately after the vehicle enters or exits the facility.

"(4) Each solid waste facility shall establish and maintain clean, waste-free paths within the facility. All trucks or other vehicles that use public roads must remain on those waste-free paths while within the facility.

"(5) Each solid waste facility shall maintain a tire-washing area near the exit to the facility. The tire-washing area shall be designed to direct all waste water to a treatment area within the facility or to a municipal water treatment plant. Any waste water directed to a municipal water treatment plant shall conform with applicable pre-treatment standards. The tires of all trucks or other vehicles that use public roads shall be cleaned in the tire-washing area before the trucks or other vehicles may exit the facility.

"(6) Each existing solid waste facility shall continuously abate for disease vectors within a four-block radius of the site, or demonstrate to the satisfaction of the Department of Consumer and Regulatory Affairs that the facility is not providing vector harborage. The owner or operator of the solid waste facility shall provide notice to the community and seek permission to conduct abatement activities on all private properties within the four block radius before commencing abatement. Bait and traps shall not be placed on private property without the consent of the occupant of the property. Bait and traps shall not be placed in open areas that are accessible to children or pets. Abatement shall be conducted according to environmental standards and safety protocols used by the Office of Rodent Control of the Department of Public Works.

"(7) Each solid waste facility shall comply with the ventilation requirements established in 21 DCMR §731.15(d)(6) (43 DCR 6816, 6823 (1996)).

"(8) Solid waste facilities shall not be permitted to operate between the hours of 7:00 P.M. and 6:00 A.M..",

(d) Subsection 8(f) (D.C. Code §6-3457(f)) is amended by adding a new sentence after the first sentence to read as follows:

"Not more than 20 per cent of the solid waste facility charge shall be made available to the Department of Consumer and Regulatory Affairs for enforcement of the requirements of this subchapter."

(e) Section 9 (D.C. Code §6-3458) is amended by adding a new subsection (c) to read as follows:

"(c) Before a solid waste facility permit may be issued, an applicant for a solid waste facility permit shall comply with the following conditions:

"(1) All portions of the facility shall be located at least 500 feet from any property line.

"(2) All portions of the operations area for the solid waste facility shall be set back at least 50 feet from the solid waste facility's own property line.",

(f) Section 11 (D.C. Code §6-3460) is amended by adding a new subsection (c-1) to read as follows:

"(c-1) Any person adversely affected by violations of this act or the rules and regulations issued under its authority may commence a civil action on his or her own behalf to secure any appropriate relief, including injunctive relief and the payment of civil fines or penalties, as established by the Mayor pursuant to this act. In any action brought pursuant to this subsection, the court, in issuing its final order. may award costs of litigation, including reasonable expert witness and attorneys fees, to any prevailing or substantially prevailing party, whenever the court determines that such an award is appropriate.",

(g) By adding a new section 11b to read as follows:

"Sec. 11b. Solid Waste Transfer Facility Site Selection Advisory Panel Established.

"(a) There is established the Solid Waste Transfer Facility Site Selection Advisory Panel ("Panel") with the purpose of preparing comprehensive recommendations to the Council that identify tracts of land suitable for solid waste transfer operations within appropriately zoned sections of the District and capable of safeguarding the health, safety and welfare of residents and businesses.

"(b) The Panel shall submit its recommendations in the form of a report, which shall include a map that identifies potential sites for the location of solid waste facilities, within 1 year of the Panel's first meeting. The Panel shall rate each site according to its suitability for the purpose of solid waste transfer and shall consider the proximity of other potential sites in rating each site. The potential sites the Panel identifies shall comply with all of the siting requirements of this subchapter, shall not be inconsistent with the Comprehensive Plan and shall not compound existing detrimental environmental impacts."

"(c) The Panel is authorized to hire experts with knowledge of construction techniques for solid waste handling facilities, including but not limited to, knowledge of air modeling and emissions control.",

(h) By adding a new subsection 11c to read as follows:

"Sec.11c. (a) The Panel shall be a nonpartisan Panel composed of 5 members. Four of the members shall be drawn from the public at large and one member shall be a representative of the solid waste industry.

"(b) Members of the Panel shall be appointed by the Committee on Public Works and the Environment of the Council of the District of Columbia All appointments shall be made within 60 days of the effective date. The members of the Panel shall elect a Chairperson from among their number by majority vote at a regularly scheduled meeting at which a majority is present. A vacancy shall be filled in the same manner in which its initial appointment was made.

"(c) Members of the Panel shall serve a single. non-renewable term not to exceed 2 years.

"(d) Each member of the Panel shall serve without compensation. Each member, however, may be reimbursed for actual expenses pursuant to section 1 108 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978. effective March 3, 1979 (D.C. Law 2-139; D.C. Code §1-612.8)", and

(i) By adding a new section 11d to read as follows:

"Sec. 11d. Moratorium. There shall be a moratorium on the issuance of any new solid waste facility permits until after the Solid Waste Transfer Facility Site Selection Advisory Panel submits its report to the Council.".

Sec. 3. Fiscal impact.

The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code §1-233(c)(3)).

Sec. 4. Effective date.

(a) This act shall take effect following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in section 203(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code §47.392.3(a)), 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. 788; D.C. Code §1- 233(c)(1)), and publication in the District of Columbia Register.

Back to top of page


Send mail with questions or comments to webmaster@dcwatch.com
Web site copyright ©DCWatch (ISSN 1546-4296)