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