COUNCIL OF THE DISTRICT OF COLUMBIACOMMITTEE ON PUBLIC WORKS AND THE ENVIRONMENTREPORT

OFFICE ( • HE1350 Pennsylvania Avenue, N.W., Washington, D.C. 20004 * . , . - ii_

To: All Councilmembers

From: Carol Schwartz, Chair, Committee on Public Works and the Environment

Date: December 7, 2005

Subject: Report on Bill 16-232, the "Illegal Dumping Enforcement AmendmentAct of 2005"

The Committee on Public Works and the Environment, to which Bill 16-232 wasreferred, reports favorably on the same and recommends its adoption by theCouncil of the District of Columbia.

SUMMARY OF CONTENTS PAGE

I. Purpose and Effect 1II. Legislative History 2III. Public Hearing Testimony 2IV. Executive Comment 4V. Fiscal Impact 4VI. Section-by-Section Analysis 4VII. Impact on Existing Law 4VIII. Committee Action 5IX. Attachments 5

I. Purpose and Effect

Bill 16-232 was introduced by Councilmember Brown and co-sponsored by ChairmanCropp and Councilmembers Barry, Orange, Schwartz, Fenty, Gray, Ambrose, Mendelson, Evansand Graham. The purpose of the legislation, as introduced, was to increase the civil and criminalfines for the disposal of solid, hazardous, or medical waste on any public or private area in theDistrict. The proposed fee structure increases the current civil fine for the illegal disposal ofsolid waste from no more than $1,000 to a fine not to exceed $5,000. The bill also establishes afine of $10,000 for each subsequent offense, which is an increase from the current fine of $1,000.In addition, the legislation proposes to increase the criminal fine for illegal disposal of solidwaste for a commercial purpose from the current maximum of $25,000 to a maximum of$40,000. And, finally, the legislation increases the criminal fine for the illegal disposal ofhazardous waste and medical waste from a maximum of $25,000 to a maximum of $40,000.

II. Legislative History

April 5, 2005

April 6, 2005

April 15,2005

September 30, 2005

October 26, 2005

December 7, 2005

III. Public Hearing Testimony

Bill 16-232, the "Illegal Dumping EnforcementAmendment Act of 2005," is introduced byCouncilmember Brown and co-sponsored by ChairmanCropp, and Councilmembers Barry, Orange, Schwartz,Fenty, Gray, Ambrose, Mendelson, Evans, and Graham.

Bill 16-232 is referred to the Committee on Public Worksand the Environment.

Notice of Introduction is published in the District ofColumbia Register

Public Hearing notice is published in the District ofColumbia Register.

Public Hearing Bill 16-232.

Committee Mark-up of Bill 16-232, the "Illegal DumpingEnforcement Amendment Act of 2005."

On October 26, 2005, the Committee on Public Works and the Environment held a PublicHearing on Bill 16-232, the "Illegal Dumping Enforcement Amendment Act of 2005." ChairSchwartz started the hearing by giving an explanation of the legislation. (See Purpose andEffect.)

Mr. Bill Howland, Director, Department of Public Works, and Mr. Merrit P. Drucker,Clean City Coordinator, Office of the City Administrator, spoke in favor of the legislation onbehalf of the Executive. Mr. Drucker opened his comments by stating that illegal dumping is aserious problem and a serious crime against the community. He endorsed the comments that hesaid were to be presented later by the Hillcrest community. He said that controlling illegaldumping should help reduce debris going into the Potomac and Anacostia rivers.

Chair Schwartz introduced Councilmember Kwame Brown as he arrived at the hearingand asked if he cared to present an opening statement. Councilmember Brown thanked the Chairfor holding the hearing and thanked her for cosponsoring the legislation and for the role that shehas played in reducing litter in the city. He also thanked the other cosponsors. He said that theincreases in fines should send a strong message to those who dump illegally. CouncilmemberBrown said that low fines tend to subsidize illegal dumping and that the proposed fine increaseswill equal the level of fines in New York City. Chair Schwartz thanked Councilmember Brownfor introducing the legislation and said that fighting illegal dumping is "like motherhood andapple pie."

In her initial questioning of both Mr. Howland and Mr. Drucker, Chair Schwartzindicated that approximately six years ago, illegal dumping was rampant in the District and thatthe Council had passed legislation to allow for the seizure of vehicles used to dump waste and setfines ranging from $1,000 to $25,000. Shortly thereafter, she said, the Environmental CrimesUnit was established and she stated that initially it was found that many of those dumping in theDistrict were driving vehicles registered in Maryland and that the primary dump sites tended tobe in the wards adjacent to the Maryland border. Mr. Howland said that illegal dumpingcontinues to exist in those areas. Chair Schwartz asked how many civil or criminal infractionshave been written in each of the last three years. Mr. Howland responded that 124 had beenwritten in 2004 and that 116 had been written in FY 2005. He indicated that he would providethe data for 2003 following the Hearing. (See Attachment D) When asked how many illegaldumping reports had been received in the last three years, Mr. Howland responded that 1,479 hadbeen received in FY 2004 and 1,805 in FY 2005.

Mr. Howland mentioned that the government is dependent on members of the communityreporting instances of dumping and that he considered the public "our partners in reducingdumping." He also mentioned that 60% of illegal dumping is done by District residents. ChairSchwartz asked how many authorized positions the Department's Solid Waste Education andEnforcement Program (SWEEP) had for sweep inspectors. Mr. Howland responded that thereare 56 SWEEP FTE positions, of which four are assigned to the MPD Environmental CrimesUnit and that five police officers serve on the District's Environmental Crimes Unit. ChairSchwartz asked whether the process for adjudicating litter violations before the Office ofAdministrative Hearings had improved and Mr. Harland responded that "Yes, they haveimproved, but not quite where we want it to be." Councilmember Brown asked Mr. Howland ifthe majority of illegal dumping occurred in Wards 7 and 8 and he asked about the distribution ofinspectors throughout the District. Mr. Howland responded that the majority of illegal dumpingoccurs in Wards 7 and 8 and that Ward's 1, 7 and 8 have four inspectors serving in each ward;Wards 5 and 6 have three inspectors in each ward; Ward 2 has two inspectors; and Wards 3 and4 have one inspector each. Chair Schwartz thanked Mr. Howland and Mr. Drucker for theirparticipation in the hearing.

Following the hearing, the Committee received written responses to the questions thatChair Schwartz asked that required additional research. The information sent indicated that inFY 2003, $168,774 in violations had been written and $3,925 had been collected. In FY 2004,$138,270 in violations had been written and $5,735 had been collected, and in FY 2005,$124,000 in violations had been written and $4,800 had been collected. The number of vehiclesseized in connection with the enforcement of illegal dumping laws was ten in 2003, two in 2004and seven in 2005.

Mr. Vincent Spaulding, President of the Hillcrest Community Civic Association(HCCA), Advisory Neighborhood Commissioner for Single Member District 7BO4, and whohad served as the District of Columbia Clean City Coordinator from February 1999 to October2002, testified in favor of the legislation. Mr. Spaulding said Bill 16-232 would increase finesfor illegal dumping to be in line with other large urban areas, such as New York City, whichallows a fine of up to $40,000 for a single offense. Mr. Spaulding also recommended that theDistrict establish and publicize a bounty program so that citizens could receive a monetaryreward for the identification of illegal dumpers that leads to a conviction. He also recommended

3

that surveillance cameras be placed in public spaces, additional inspectors be hired,communications be improved with the news media concerning the seriousness of illegal dumpingand that when an illegal dumper is convicted, every effort be made to publicize the arrest. Heclosed by encouraging prompt action on the legislation and he thanked the Chair for providing anopportunity for public comment on the legislation.

IV. Executive Comment

See Public Hearing Testimony of Bill Howland, Director, Department of Public Works,and Mr. Merrit P. Drucker, Clean City Coordinator, Office of the City Administrator.

V. Fiscal Impact

The goal of these proposed increases in fines is to decrease the instances of illegaldumping. Reduced illegal dumping will result in savings within the District's trash collectionbudget and the proposed fine increases will have a positive fiscal impact since each violationwritten will be for a higher amount.

VI. Section-by-Section Analysis

Section 1

Section 2

Section 3

Section 4

Purpose and short title of the Act.

Amends Section 3 of the Illegal Dumping Enforcement Actof 1994, approved May 20, 1994 (D.C. Law 10-117; D.C.Official Code Sec. 8-902) by increasing the current civilfine for the illegal disposal of solid waste from no morethan $1,000 to a fine not to exceed $5,000. The bill alsoestablishes a fine of $10,000 for each subsequent offense,which is an increase from the current fine of $1,000. Inaddition, the legislation proposes to increase the criminalfine for illegal disposal of solid waste for a commercialpurpose from the current maximum of $25,000 to amaximum of $40,000. And, finally, the legislationincreases the criminal fine for the illegal disposal ofhazardous waste and medical waste from a maximum of$25,000 to a maximum of $40,000.

Fiscal Impact Statement.

Effective Date.

VII. Impact on Existing Law

See Section-by-Section Analysis.

VIII. Committee Action

On December 7, 2005, the Committee on Public Works and the Environment met toconsider and mark-up Bill 16-232, the "Illegal Dumping Enforcement Amendment Act of 2005."Chair Schwartz briefed the members on the recommendations presented in the CommitteeReport. Councilmember Graham asked whether the legislation changed the bounty (percentageof fine) that citizens can receive for information that leads to the apprehension of those whodump trash illegally. Chair Schwartz responded that the bill only raised the fines for illegaldumping and that she would check with the Department of Public Works to insure that thebounty is consistent with the new fine structure.

Chair Schwartz moved for approval of Bill 16-232, the Committee Report and theCommittee Print, with allowance for Committee staff to make technical and conformingamendments.

Committee members voted as follows:

Committee members voting in favor: Chair Schwartz and Councilmembers Graham and FentyCommittee members voting against:Committee members voting present:Committee members absent: Councilmembers Barry and Brown

IX. Attachments

A. Committee PrintB. Bill 16-232 as introducedC. Merrit P. Drucker Executive TestimonyD. Executive's response to questionsE. Hillcrest Community Civic Association Testimony

Committee on Public Works and the Environment 1Committee Print 2December 7, 2005 3

4

A BILL

IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

To amend the Illegal Dumping Enforcement Act of 1994 to increase the fines forunlawfully disposing solid waste, hazardous waste, or medical waste on anypublic or private area in the District of Columbia.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA,

That this act may be cited as the "Illegal Dumping Enforcement Amendment Act of

2005".

Sec. 2. Section 3 of the Illegal Dumping Enforcement Act of 1994, effective May

20, 1994 (D.C. law 10-117; D.C. Official Code § 8-902), is amended as follows:

(a) Subsection (b) is amended as follows:

(1) Strike the phrase "$1,000 for each offense," and insert the

phrase "$5,000 for the first offense and $10,000 for each subsequent offense," in its

place.

(2) Strike the phrase "not to exceed $25,000," wherever it appears

and insert the phrase "not to exceed $40,000," in its place.

(b) Subsection (c) is amended as follows:

(1) Strike the phrase "a civil fine up to $5,000" and insert the phrase "a

1

civil fine up to $10,000" in its place.

(2) Strike the phrase "not to exceed $25,000," and insert the phrase

"not to exceed $40,000," in its place.

(c) Subsection (g) is amended as follows:

(1) Strike the phrase "or not renew" and insert the phrase "or not renew,

for a period of not less than 30 days," in its place.

(2) Strike the phrase "or reissued" and insert the phrase "or reissued for a

period not less than 30 days and" in its place.

Sec. 3. Fiscal impact statement.

The Council adopts the fiscal impact statement in the committee report as the

fiscal impact statement required by section 602(c)(3) of the District of Columbia Home

Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-

206.02(c)(3)).

Sec. 4. Effective date.

This act shall take effect following approval by the Mayor (or in the event of veto

by the Mayor, action by the Council to override the veto), a 30-day period of

Congressional review as provided in section 602(c)(l) of the District of Columbia Home

Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-

206.02(c)(l)), and publication in the District of Columbia Register.

COUNCIL OF THE DISTRICT OF COLUMBIA1350 Pennsylvania Avenue, N.W.

Washington, D.C. 20004Memorandum

To: Members of the Council

From: Phyllis Jones, Secretary to the Co JaciJ.

Date: April 6, 2005

Subject: Referral of Proposed Legislation

Notice is given that the attached proposed legislation was introduced in theLegislative Meeting on Tuesday, April 05, 2005. Copies are available in Room10, the Legislative Services Division.

TITLE: "Illegal Dumping Enforcement Amendment Act of 2005", B16-0232

INTRODUCED BY: Councilmember Brown

CO-SPONSORED BY: Chairman Cropp and Councilmembers Barry, Orange,Schwartz, Fenty, Gray, Ambrose, Mendelson, Evans,and Graham

The Chairman is referring this legislation to the Committee on Public Works andthe Environment.

Attachment

cc: General CounselBudget DirectorLegislative Services

12 Councilmember Kwame R. Brown345 A BILL6789 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

1011121314 Councilmember Kwame Brown introduced the following bill, which was referred to the15 Committee on .1617 To amend the Illegal Dumping Enforcement Act of 1994 of the District of Columbia18 Code to increase the fines for the disposing of solid waste, hazardous waste, or19 medical waste on any public or private area in the District of Columbia.20

21 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA,

22 That this act may be cited as the "Illegal Dumping Enforcement Amendment Act of

23 2005".

24 Sec. 2. Section 3 of the Illegal Dumping Enforcement Act of 1994, approved May

25 20,1994 (D.C. law 10-117; D.C. Official Code § 8-902), is amended as follows:

26 (a) Subsection (b)(2) is amended by striking the phrase "$1,000 for each

27 offense," and inserting the phrase "$5,000 for the first offense, and $ 10,000 for each

28 subsequent offense," in its place and by striking the phrase "not to exceed $25,000," and

29 inserting the phrase "not to exceed $40,000," in its place.

30 (b) Subsection (b)(3) is amended by striking "not to exceed $25,000," and

31 inserting the phrase "not to exceed $40,000," in its place.

32 (c) Subsection (b)(4) is amended by striking "not to exceed $25,000," and

33 inserting the phrase "not to exceed $40,000," in its place.

1 (d) Subsection (c) is amended by striking the phrase "a civil fine up to

2 $5,000" and inserting the phrase "a civil fine up to $10,000" in its place and by striking

3 the phrase "not to exceed $25,000," and inserting the phrase "not to exceed $40,000," in

4 its place.

5 (e) Subsection (g) is amended by adding the phrase ",for a period of not less

6 than 30 days," after the phrase "or not renew" and by adding the phrase "for a period not

7 less than 30 days and" after the phrase "may not be issued or reissued".

8 Sec. 4. Fiscal impact statement.

9 The Council adopts the fiscal impact statement in the committee report as the

10 fiscal impact statement required by section 602(c)(3) of the District of Columbia Home

11 Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-

12 206.02(c)(3)).

13 Sec. 5. Effective date.

14 This act shall take effect following approval by the Mayor (or in the event of veto

15 by the Mayor, action by the Council to override the veto), a 30-day period of

16 Congressional review as provided in section 602(c)(l) of the District of Columbia Home

17 Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Official Code § 1-

18 206.02(c)(l)), and publication in the District of Columbia Register.

COUNCIL OF THE DISTRICT OF COLUMBIAOFFICE OF THE BUDGET

FISCAL IMPACT STATEMENT

Bill Number: Bill 16-232 Type: Permanent Legislation (X) Date Reported: 12/7//05

Subject/Short Title: "Illegal Dumping Enforcement Amendment Act of 2005

Part 1. Summary of the Fiscal Estimates of the Bill

1. It will impact spending. (If "Yes," complete Section 1 in the Fiscal EstimateWorksheet).

a) It will affect local expenditures.b) It will affect federal expenditures.c) It will affect private/other expenditures.d) It will affect intra-District expenditures.

2. It will impact revenue. (If "Yes," complete Section 2 in the Fiscal EstimateWorksheet).

a) It will impact local revenue.b) It will impact federal revenue.c) It will impact private/other revenue.d) It will impact intra-District revenue.

3. The bill will have NO or little fiscal impact on spending or revenue. (If "Yes,"explain below).

Explanation for Yes fiscal impact: This legislation increases fines for illegal dumping.dumping will decrease which should thus result in trash collection savings. There areexpenses from implementing these fines fine increases.

YES

(((((

(((((

(

Itino

)))))

x)x))))

x)

NO

(x(x(x(x(x

( )((x)(x(x)

s hoped that

)))))

I

)

illegalanticipated increases in

Part II. Other Impact of the Bill

If you check "Yes" for each question, please explain on separate sheet.

1. It will affect an agency and/or agencies in the District.

2. Will there be performance measures/output for bill? Yes, the total number offines collected will be measured as will reductions in illegal dumping

YES

( )

( x )

NO

(x)

( }

3. Will it have results/outcome? Yes, the total number of fines collected will bemeasured as will reductions in illegal dumping

4. Will the Budget and Financial Plan be affected by this bill?

( x )

(x)

Sources of information:

Committee on Public Works and the

Environment

Councilmember: Carol Schwartz

Staff Person & Tel: Adam E. Maier 724-8194

Reviewed by Budget Director: - r ^ ^ ^ j z ^ C ^

Budget Office Tel: 724-8139 [ l A u ^ C