5562870 Resolution 21-139, Ward 5 Paint Spray Booth Moratorium Emergency Declaration Resolution of 2015

A RESOLUTION

 

21-139 

 

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

June 30, 2015

 

 

To declare the existence of an emergency with respect to the need to institute a moratorium on the construction or operation of any additional facilities that provide automobile painting services in Ward 5.

 

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

 

Sec. 2.  (a)  It is necessary to place a moratorium on the establishment of new and renewed paint spray booths within Ward 5.

(b)  This emergency legislation addresses the immediate and longstanding concerns of residents who are adversely affected by the noxious fumes emanating from already existing 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 permit applications in Ward 5 under consideration before the 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 and disproportionate number of such operators.

(d)  The effects of the fumes have a negative impact on economic development and property value within the ward, as well as the quality of life of its residents.

(e)  The Council previously enacted legislation entitled the Air Quality Amendment Act of 2014, effective September 9, 2014, (D.C. Law 20-135; 61 DCR 6767). One of the purposes of this law is to combat toxic odors. Even with this, however, the complaints from residents due to such odors caused by 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.