6217426 Resolution 21-594, Ward 5 Paint Spray Booth Conditional Moratorium Emergency Declaration Resolution of 2016

A RESOLUTION

                                                        

21-594

 

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

 

September 20, 2016        

 

 

To declare the existence of an emergency with respect to the need to institute a moratorium on the construction or operation of any additional automobile paint spray booths in Ward 5; provided, that the moratorium shall not apply to automobile paint spray booths that meet certain operational 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 2016”.

 

Sec. 2.  (a) It is necessary to place a moratorium on the establishment of new and renewed 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 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 Energy and Environment (“DOEE”). 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 the Air Quality Amendment Act of 2014, effective September 9, 2014 (D.C Law 21-135; 61 DCR 9968). 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.

(f) Therefore, the Council passed the Ward 5 Paint Spray Booth Conditional Moratorium Emergency Act of 2015, effective October 27, 2015 (D.C. Act 21-189; 62 DCR 14227), on an emergency basis at the October 6, 2015 legislative meeting. That measure expired on January 25, 2016.  The identical temporary version of the bill, the Ward 5 Paint Spray Booth Conditional Moratorium Temporary Act of 2015, effective January 30, 2016 (D.C. Law 21-58; 63 DCR 182), expired on September 11, 2016.

(g) DOEE adopted emergency regulations on February 9, 2016, that expired on June 8, 2016. DOEE is currently drafting final rulemaking to address this subject matter, but regulations have not yet been adopted.

(h) In order to avoid any lapses in legal authority, the Council must now pass this emergency legislation. 

 

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 Conditional Moratorium Emergency Act of 2016 be adopted after a single reading.

 

            Sec. 4.  This resolution shall take effect immediately.