The
State of the States in Environmental Dispute Resolution:
DISTRICT OF
COLUMBIA
| Current Projects: | United States Postal Service | Employment Arbitration | Indiana Dept of Env. Management | Indiana ADR Providers | Shared Neutrals Pilot | U.S. Dept. of Justice |
| Completed Projects: | U.S. Env. Protection Agency | EDR State of States | National Institutes of Health | Focus Groups Sessions |
Environmental enforcement in Washington, D.C. is handled through four divisions of the Environmental Health Administration (EHA) within the Department of Health. While there is not a formalized EDR program, the Administration does conduct a considerable amount of informal face-to-face negotiations to resolve enforcement conflicts.
Legal Authority:
D.C. CODE ANN. §§ 16-4301 to -4319 (1997 & Supp. 1998) (codifying the District
of Columbia Uniform Arbitration Act, which authorizes the use of arbitration agreements
and establishes law governing the validity of and procedure used in arbitrations).
Contact Information:
Laurie Gilbert
Environmental Health Administration
2100 Martin Luther King SE, Room 203
Washington, D.C. 20020
Phone: (202) 645-6601
Program Summary
Environmental enforcement in Washington D.C. is handled through the following four divisions of the EHA within the Department of Health: Water Resources Management, Toxic Substances and Hazardous Materials, Air Resources, and Soil Resources Management. The EHA is in the process of reorganizing into four bureaus. While there is no formal EDR program, informal negotiation is used widely within the EHA. Attorneys and employees who perform inspections and perform case management services typically use negotiation techniques the most. Employees in at least one division have received forty hours of environmental negotiation training. Negotiations usually begin with the EHA issuing a directive, Notice of Violation (NOV), or civil citation. The EHA will then negotiate with the other party on issues including the time needed to correct a problem, the scope of an environmental assessment, or the option of performing a supplemental environmental project in lieu of paying a fine. Issues such as ceasing clearly dangerous activities are not suitable for negotiation. The EHA’s willingness to negotiate depends on the other party’s previous compliance history and its willingness to address the problem.Lessons Learned
-
It is useful to avert problems by
spending time and effort educating companies and people about their responsibilities and
the importance of compliance.
- It is useful to go out with a strong NOV or citation; then the EHA can negotiate from a position of strength.
- Keeping informed about issues and events in other jurisdictions is important. Waste News is a useful source of information.
Further Information
Further information about Washington D.C. city government is available at the following Website: http://www.ci.washington.dc.usPublications
Information on Waste News is available at the following: Waste News, 1725 Merriman Rd., Akron, OH 44313, Phone: (800) 678-9595, Website: http://www.wastenews.com
Indiana Conflict Resolution Institute
Last updated: June 1999
Comments: ICRI Administrator
Copyright 1999 -
Indiana University, Bloomington