§ 8-1061. Solid Waste Transfer Facility Site Selection Advisory Panel established.

Current through October 23, 2012

(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 that safeguard the health, safety and welfare of residents and businesses.

(b) The Panel shall submit its recommendations in a report, which shall include a map that identifies potential sites for the location of solid waste facilities, within 6 months 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 siting requirements of this subchapter, shall not be inconsistent with the Comprehensive Plan and shall not increase or compound existing detrimental environmental impacts.

(1) The District's reasonable carrying capacity as a regional solid waste facility site based on best practices in solid waste management;

(2) An evaluation of the impact of existing solid waste facilities on local residents;

(3) A study of the solid waste needs of the District;

(4) The total revenue the District has received yearly from each solid waste facility operating in the District since the Certificate of Occupancy was issued for the facility, showing the kinds of taxes and fees that have been paid; and

(5) The available control technologies capable of complying with the BACT standard for the solid waste.

(d) The Panel is authorized to seek the advice of experts with knowledge of the following areas of concern:

(1) Construction techniques for solid waste handling facilities, including knowledge of air modeling and emissions control;

(2) Traffic flow and infrastructure impact and degradation; and

(3) Interstate commerce and the economics of solid waste management.

(e) The Panel shall consult with District agencies with solid waste management expertise, including, but not limited to, the Department of Consumer and Regulatory Affairs, the Department of Public Works and the Department of Health. The Panel shall also consult with the Washington Area Council of Governments and its staff to inform the Panel of regional considerations in solid waste management.

(f) The Panel shall consult with the National Environmental Justice Advisory Council, which is a federal advisory committee established to provide independent judgment to the U.S. Environmental Protection Agency on environmental issues and which is studying or will study the health and environmental impacts of municipal waste transfer operations on minority and disadvantaged communities, including the District.

(g) Within 45 days of its first meeting, the Panel shall provide notice of and hold a public meeting to receive testimony from citizens in respect to the operation of solid waste facilities in the District of Columbia, and shall hold an additional public meeting to present the Panel's findings and a draft report to the community for comment 20 days prior to submitting to the Council the report required by this subchapter.

                
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(Feb. 27, 1996, D.C. Law 11-94, § 11a, as added June 11, 1999, D.C. Law 12-286, § 2(f), 46 DCR 3435.)

HISTORICAL AND STATUTORY NOTES

Prior Codifications

1981 Ed., § 6-3461.

Temporary Amendments of Section

For temporary (225 day) amendment of section, see § 2 of Solid Waste Transfer Facility Site Selection Advisory Panel Report Deadline Extension Temporary Amendment Act of 2000 (D.C. Law 13-157, September 16, 2000, law notification 47 DCR 8063).

Emergency Act Amendments

For temporary (90-day) amendment of section, see § 2 of the Solid Waste Transfer Facility Site Selection Advisory Panel Report Deadline Extension Emergency Amendment Act of 2000 (D.C. Act 13-340, May 9, 2000, 47 DCR 4659).

Legislative History of Laws

For legislative history of D.C. Law 12-286, see Historical and Statutory Notes following § 8-1051.