5704393 Resolution 21-238, Ward 5 Paint Spray Booth Conditional Moratorium Emergency Declaration Resolution of 2015

 

 

 

A RESOLUTION

 

21-238

 

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

October 6, 2015

 

 

To declare the existence of an emergency with respect to the need to institute a moratorium on the issuance of permits for the construction or operation of automobile paint spray booths in Ward 5; provided, that the moratorium shall not apply to permits for automobile paint spray booths that meet certain conditions.

 

 

RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the “Ward 5 Paint Spray Booth Conditional Moratorium Emergency Declaration Resolution of 2015”.

 

Sec. 2.  (a) It is necessary to place a moratorium on the issuance of permits to construct and the issuance and renewal of permits to operate automobile paint spray booths within Ward 5 that do not meet certain standards.

(b) This emergency legislation addresses the immediate and longstanding concerns of residents who are adversely affected by the noxious and possibly injurious fumes emanating from already existing automobile paint spray booth operators.  Not all operators are in compliance with current law and even those that are, due to the low threshold of certain regulations, persistently pollute the air with such fumes.

(c) There are several pending automobile paint spray booth permit applications in Ward 5 under consideration before the District Department of the Environment.  The possible granting of these permits will exacerbate the problem by adding new operators within a ward with an already high concentration of such operators.

(d) The effects of the noxious and possibly injurious fumes emanating from automobile paint spray booths have a negative impact on property values within the ward, as well as the quality of life of its residents.

(e) The Council previously enacted the Air Quality Amendment Act of 2014, effective September 9, 2014 (D.C. Law 20-135; 61 DCR 9968).  One of the purposes of this law is to combat toxic odors.  Despite that enactment, however, the complaints from residents due to such odors caused by automobile paint spray booths remain frequent and steady.

 

Sec. 3.  The Council of the District of Columbia determines that the circumstances enumerated in section 2 constitute emergency circumstances making it necessary that the Ward 5 Paint Spray Booth Moratorium Emergency Act of 2015 be adopted after a single reading.

 

            Sec. 4.  This resolution shall take effect immediately.