Motor Vehicle Idling/Air Enforcement: Conservation Law Foundation and Connecticut School Bus Operator Enter into Consent Decree

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Conservation Law Foundation, Inc. (“CLF”), and DATTCO, Inc. (“DATTCO”), entered into a Consent Decree (“CD”) addressing alleged violations of the Connecticut Clean Air Act State Implementation Plan provisions addressing motor vehicle idling limits.

DATTCO is described as a transportation company operating in the State of Connecticut.

The CD provides certain compliance measures with which DATTCO must adhere which include:

  • Anti-idling policy
    • Review and update anti-idling policy for operations in the State of Connecticut
    • Require DATTCO vehicle operators to comply with the idling requirements (including an anti-idling policy statement)
    • Provide CLF the opportunity to review and comment on the updated anti-idling policy
    • Provide the updated anti-idling policy to all drivers and supervisors and provide training/reminders
    • Review all training materials and signage in the State of Connecticut to ensure they are consistent with the anti-idling policies and revise as necessary
  • Automatic shut-off technology (install and operate automatic engine shut-off technology as specified to prevent idling for longer than three minutes)
  • Idling monitoring measures
    • Site anti-idling monitoring
    • Corporate anti-idling monitoring
    • Recordkeeping and reporting
    • Submit semi-annual reports to CLF identifying all instances of idling greater than three minutes as identified in monthly reports
    • Send semi-annual annual reports to CLF as specified in the CD
    • If a regulatory exemption is invoked, provide to CLF information that the exemption applies
    • For a specified time period retain at least the previous six month’s data as specified in the CD
    • CLF may request that DATTCO share retained data with it no more frequently than three times per quarter calendar but no more than six times per calendar year
    • Retained data, semi-annual reports, or any other data or information provided to CLF pursuant to the CD is and shall remain confidential

A civil penalty of $10,000 is assessed.

DATTCO is required to spend an aggregate amount of $1.8 million over the term of the CD to advance its transition to zero emissions vehicles.

A copy of the CD can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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