2 ELR 20319 | Environmental Law Reporter | copyright © 1972 | All rights reserved


Metropolitan Washington Coalition for Clean Air v. Air Pollution Division

Civil No. 3143-70 (D.D.C. June 2, 1972)

An action brought to compel agencies of the District of Columbia to strictly enforce the Air Quality Control Regulations of the District of Columbia is dismissed without prejudice upon a stipulated agreement. The settlement calls for prompt legal action against violators, including the Government of the United States, the service of notice of violation and orders for compliance on alleged violators, inspection of equipment that may be contributing to all alleged violation, public disclosure of alleged violators, and full recognition of complaints from trained citizens. See ELR Dig. [6] for documents available from ELI.

Counsel for Plaintiff
David Hawkins
Natural Resources Defense Council, Inc.
1600 Twentieth St., N.W.
Washington, D.C. 20009

Counsel for Defendant
Frederic Ruck Assistant Corporation Counsel
District Bldg.
Washington, D.C. 20004

[2 ELR 20319]

STIPULATION

It is hereby stipulated as follows:

1. That the Corporation Counsel shall take action within 30 days on all the cases referred from the Bureau of Air and Water Quality Control to the Office of the Corporation Counsel on which action is pending as of the date of the order dismissing this action;

2. That the Corporation Counsel remains committed to make and shall make all efforts to process each case alleging a violation of the Air Quality Control Regulations of the District of Columbia referred by the Bureau of Air and Water Quality Control within ten (10) working days of such referral;

3. That the Chief of the Bureau of Air and Water Quality Control shall cause said Bureau to serve notices of violation and orders for compliance on alleged violators of the Air Quality Control Regulations of the District of Columbia and shall refer to the Office of the Corporation Counsel those alleged violators who fail to inform the Bureau of Air and Water Quality Control of action taken within the time specified in the order for compliance;

Accordingly, the Bureau of Air and Water Quality Control shall revise the second paragraph of its stack emission notice of violation form to read as follows:

"Therefore, in accordance with the provisions of § 8-2:722 of said regulations, you are hereby ordered to correct the conditions causing the violation and to advise this office within — [hours/days] of the corrective measures taken to assure compliance with the regulations. Continued noncompliance or failure to advise this office of corrective measures taken will result in the referral of this matter to the office of the Corporation Counsel with the recommendation that legal action be instituted."

It is agreed that the response period allowed in the above form shall not exceed seven calendar days.

4. That the Corporation Counsel shall promptly instruct the Bureau of Air and Water Quality Control to take, and that the Bureau of Air and Water Quality Control shall take, the actions designated in 3. above without regard to whether the sources believed to be in violation are owned or operated by the Government of the District of Columbia or the Government of the United States;

5. That the Corporation Counsel shall process all cases referred by the Bureau of Air and Water Quality Control without regard to whether the sources believed to be in violation are owned or operated by the Government of the United States;

6. That the Chief of the Bureau of Air and Water Quality Control shall cause personnel of said Bureau to inspect the equipment capable of air pollution on each of the premises which is the subject of an allegation that a violation of the Air Quality Control Regulations of the District of Columbia has occurred and that an order for compliance shall be served when such equipment is in a condition which may result in an air pollution violation when operated;

7. That the Chief of the Bureau of Air and Water Quality Control shall cause a notice of violation and order for compliance to be served in each case where a violation of the Air Quality Control Regulations of the District of Columbia (other than by a source owned or operated by the Government of the District of Columbia or the Government of the United States) is alleged by a person (other than personnel of the Bureau of Air and Water Quality Control) who is certified by any jurisdiction in the National Capital Air Quality Control Region as competent to detect possible violations of visible emission regulations; such persons shall make such allegations in writing and shall agree to appear at enforcement hearings or in court as may be required by the Office of the Corporation Counsel;

8. That the Chief of the Bureau of Air and Water Quality Control shall cause to be maintained at the offices of the Bureau a cumulative summary statement, updated weekly, of alleged violations which shall include the date of violation, name and/or address of source, type of facility, nature of violation, and action taken. Said summary statement shall be available for public inspection during office hours.

In consideration of the above stipulations the parties agree that the above entitled action may be dismissed without prejudice, each party to bear his own costs.


2 ELR 20319 | Environmental Law Reporter | copyright © 1972 | All rights reserved