Council of the District of Columbia s2

Council of the District of Columbia Committee on Transportation and the Environment

Draft Committee Report 1350 Pennsylvania Avenue, N.W., Washington, DC 20004

To: Members of the Council of the District of Columbia

From: Mary M. Cheh, Chairperson Committee on Transportation and the Environment

Date: September 17, 2014

Subject: Bill 20-638, the “Solid Waste Facility Permit Amendment Act of 2014”

The Committee on Transportation and the Environment, to which Bill 20-638, the “Solid Waste Facility Permit Amendment Act of 2014” was referred, reports favorably on the legislation and recommends its approval by the Council of the District of Columbia.

CONTENTS

STATEMENT OF PURPOSE AND EFFECT

Bill 20-638, the “Solid Waste Facility Permit Amendment Act of 2014,” was introduced on January 7, 2014 by Councilmembers McDuffie, Cheh, and Bonds, and Chairman Mendelson. This legislation would mitigate harm caused by solid waste facilities located in close proximity to residential neighborhoods by: (1) requiring a minimum of quarterly inspections of private solid waste facilities operating in the District; and (2) amending the permitting process to allow for greater input from the community.

I. Background

A. Solid waste collection in the District

The Department of Public Works (“DPW”) and private haulers share the responsibility of collecting and processing solid waste generated in the District. DPW manages approximately 133,000 tons of solid waste1 and processes it at one of two publicly-owned transfer stations,

1 This total includes trash as well as recyclable and reusable materials. Any other reference to solid waste in this committee report means residential or commercial trash collected throughout the District by either DPW or privately-contracted trash haulers. 1 Benning Road and Fort Totten.2 All other solid waste generated in the District is collected by private haulers and processed at one of three privately-owned solid waste facilities located in the central part of the city.

Once waste is taken to one of the five solid waste facilities (also known as “trash transfer stations”), collection trucks dump solid waste onto the floor of the facility, commingle it with waste collected elsewhere, and placed it onto semi-trailer trucks for final disposal at a landfill, an incinerator, or a waste-to-energy facility. In order to properly pack vehicles for solid waste transport, several large machines, including bulldozers and front loaders, are used to place the waste in the trucks – this means that hundreds, possibly thousands, of tons of solid waste are moved and shifted around at a facility on a given day.

B. The effects of solid waste facilities on residential communities

Solid waste facilities play a vital role in the District’s solid waste system. However, for the residential communities nearby, the operations of these facilities are burdensome to residents and significantly affect quality of life.3 Specifically, three privately-owned solid waste facilities – which are centralized in Ward 5 – are in such close proximity to residential homes that homeowners are regularly inundated with odors, rodents, and birds.4 Although these specific facilities are located in an area zoned for industrial use, there are few, if any, barriers between the facilities and the residential communities immediately adjacent to their operations.

By 2012, the District had entered into settlement agreements with all three privately- owned solid waste facilities. Although these agreements required the facilities to make extensive improvements5, residents maintain that stricter laws and greater enforcement is needed.

II. Legislative Action

Bill 20-638, the Solid Waste Facility Permit Amendment Act of 2014, proposes to mitigate harm caused by solid waste facilities located in close proximity to residential neighborhoods. Specifically, this legislation would increase enforcement of these facilities by requiring that each facility be inspected by the Department of Consumer Regulatory Affairs (“DCRA”) and the District Department of the Environment (“DDOE”). The inspections would evaluate compliance with District law, including odor regulations. Additionally, inspectors would employ a variety of techniques, including record evaluations and visual inspections, to confirm that solid waste facilities are truly working to alleviate harm caused to neighboring communities. Moreover, requiring regular inspections not only ensures that all solid waste

2 See Residential Trash Collection, DEP’T OF PUBLIC WORKS, http://dpw.dc.gov/node/418382 (last visited Sept. 3, 2014); see also D.C. Mun. Regs. tit. 21, § 2010. 3 See testimony of Mark K. Ward (“[T]he lives of those living, [and] working. . . are constantly being bombarded with these health and life altering situations.”), available at http://oct.dc.gov. 4 See testimony of Earlene M. Jenkins (“We have to contend with the following:. . . More money is spent in contracting extermination companies in an effort to rid our homes of the increased presence of insects, rats and raccoons.”), available at http://oct.dc.gov. 5 Ward 5 Industrial Land Transformation Study, p. 100, https://s3.amazonaws.com/s3.documentcloud.org/documents/1280678/ward-5-industrial-land-transformation- study.pdf (last visited Sept. 12, 2014).

2 facilities in the District comply with the settlement agreements and District law, it also aligns with a goal discussed by the Executive in the Ward 5 Industrial Land Transformation Study.6

Bill 20-638 would also amend the application and renewal permitting process to allow for greater input from the community. Under this bill, a Councilmember representing the affected ward would be added to the list of community members allowed to submit comments to DCRA during the permit application process. This also ensures that when a solid waste facility submits an application for a permit, all affected persons and representatives can be heard.7 Lastly, this bill would prohibit the operations of solid waste facilities from 7:00 p.m. to 6:00 a.m., Monday through Saturday; and would require solid waste facilities to submit documentation, as prescribed by the Department of Consumer Regulations, certifying that they are in compliance with 20 DCMR §§ 733.1(g) and 733.1(s).

While bill 20-638, amends the Solid Waste Facility Permit Act of 1995, it only affects “solid waste facilities” as defined in the code. Currently, “composting facility,” “recycling facility,” and “solid waste facility” are separately defined in § 8-1051. Further, D.C. Code § 8- 1053(h)(2) exempts composting facilities from the permitting process. As this bill only deals with solid waste facilities as defined by the act, the permitting and inspection requirements will not apply to composting or recycling facilities.

6 See id. “Rigorous enforcement of District health and environmental laws . . . would result in waste management practices that would have a less negative impact on communities in Ward 5 adjacent to industrial areas.” 7 D.C. Official Code § 8-1063 imposes a moratorium on the issuance of new permits for solid waste facilities in the District. Therefore, these provisions will only go into effect if the moratorium ends. 3 CHRONOLOGY OF ACTION

January 7, 2014 Introduction of B20-638 by Councilmembers McDuffie, Cheh, and Bonds, and Chairman Mendelson

January 7, 2014 Referral of B20-638 to the Committee on Transportation and the Environment

January 10, 2014 Notice of Intent to Act on B20-638 is published in the District of Columbia Register

January 17, 2014 Notice of a Public Hearing on B20-638 is published in the District of Columbia Register

February 5, 2014 Public Hearing on B20-638 held by the Committee on Transportation and the Environment

September 17, 2014 Consideration and vote on B20-638 by the Committee on Transportation and the Environment

POSITION OF THE EXECUTIVE

On February 5, 2014, William O. Howland, Jr., Director of the Department of Public Works testified on behalf of the Executive. In his testimony, Director Howland expressed general support for the bill’s two main goals: (1) mitigating harm caused by solid waste facilities located near residential communities and (2) increasing public input during the permitting process.

The Executive – however – expressed concern with the following requirements: (1) granting great weight to the views of the affected ANC and ward specific Councilmember; (2) requiring operations at solid waste facilities to cease at 7:00 P.M.; and (3) requiring quarterly inspections of solid waste facilities operating in the District. According to the Executive, granting “great weight” to views expressed by both the affected ANC and ward-specific Councilmember could be problematic in those instances when both parties do not agree. Additionally, the Executive worried that forcing facilities to stop operations at 7:00 P.M. could affect future operations, particularly since there will be no new facilities to address the needs of a growing population. Lastly, the Executive requested a change in the inspections requirement from quarterly – as required by the introduced bill – to annually.

RECOMMENDATIONS BY ADVISORY NEIGHBORHOOD COMMISSIONS

No Advisory Neighborhood Commission adopted a resolution concerning Bill 20-638 prior to the close of the hearing record.

4 LIST OF WITNESSES AND HEARING RECORD

On Wednesday, February 5, 2014, the Committee on Transportation and the Environment held a hearing on Bill 20-638, the “Solid Waste Facility Permit Amendment Act of 2014.” A video recording of the hearing can be viewed at oct.dc.gov. The record was open until February 18, 2014. The following witnesses testified at the hearing or submitted statements outside of the hearing:

 Chaz Miller, National Waste & Recycling Association  Michelle Bundy, Brentwood Citizens Association  Michael Ewall, Energy Justice Network  Clara Elias, Alice Ferguson Foundation  Earlene M. Jenkins, Public Witness  Martha K. Ward, Woodbridge South Community Association  William O. Howland, Jr., Director, Department of Public Works

The Hearing Record for this public hearing is on file with the Office of the Secretary.

ANALYSIS OF IMPACT ON EXISTING LAW

Bill 20-638 would amend the Solid Waste Facility Permit Act of 1995 to require a minimum of quarterly inspections of private solid waste facilities operating in the District. Additionally, bill 20-638 would amend Title 21 of the D.C. Municipal Regulations to allow for increased community input during the solid waste facility permit application and renewal process; prohibit operations of solid waste facilities from 7:00 p.m. to 6:00 a.m. Monday through Saturday; and require solid waste facilities submit documentation, as prescribed by the Department of Consumer Regulations, certifying compliance with 20 DCMR §§ 733.1(g) and 733.1(s).

SUMMARY OF FISCAL IMPACT

A fiscal impact statement prepared by the Chief Financial Officer and dated September 15, 2014, is attached to this report.

SECTIONBYSECTION ANALYSIS

Section 2 amends the Solid Waste Facility Permit Act of 1995 to require the Mayor to conduct quarterly inspections of solid waste facilities in the District to ensure compliance with section 903 of Title 20 of the District of Columbia Municipal Regulations (20 DCMR § 903) and section 733.1 (a), (c), (e), (f), (g), (h), (i), (m), and (s) of Title 21 of the District of Columbia Municipal Regulations (21 DCMR § 733.1 (a), (c), (e), (f), (g), (h), (i), (m), and (s)).

Section 3 amends Chapter 7 of Title 21 of the D.C. Municipal Regulations to amend the solid waste permit application and approval process to allow for comments from the

5 Councilmember in whose ward the facility is or would be located; to prohibit the operations of solid waste facilities from 7:00 p.m. to 6:00 a.m. Monday through Saturday; and to require solid waste facilities submit documentation, as prescribed by the Department of Consumer Regulations, certifying compliance with 20 DCMR §§ 733.1(g) and 733.1(s).

Section 4 adopts the fiscal impact statement.

Section 5 contains the effective date.

COMMITTEE ACTION

On September 17, 2014, the Committee on Transportation and the Environment convened a mark-up on Bill 20-638, the “Solid Waste Facility Permit Amendment Act of 2014.” Present and voting were Chairperson Mary M. Cheh and Councilmembers Jim Graham, David Grosso, and Kenyan McDuffie. Chairperson Cheh gave a brief opening statement that explained the bill.

Chairperson Cheh then moved for approval of the Committee print of Bill 20-638. The Committee voted ___ to approve the Committee print with the members voting as follows:

YES: 0

PRESENT: 0

Chairperson Cheh then moved for approval of the Committee report on Bill 20-638. The Committee voted __ to approve the Committee report with members voting as follows:

YES: 0

PRESENT: 0

The meeting was adjourned.

ATTACHMENTS

(A) Bill 20-638, as introduced (B) Fiscal Impact Statement (C) Legal Sufficiency Determination (D) Comparative Print of Bill 20-638 (E) Committee Print of Bill 20-638