View of the Anacostia River. (Photo by Elvert Barnes)

D.C. Attorney General Karl Racine announced Wednesday that he’s suing a number of auto repair and sales businesses in Northeast for continuously polluting the Anacostia River with hazardous materials, including used motor oil.

All of the companies named in the suit are found together on one property, 2201 Channing Street NE in Ward 5. The property is owned by Andrew Schaeffer, who is named in the suit, and houses several auto companies: 2201 Channing Street LLC (an auto repair company), Right Hour Auto Sales Inc., Wave Rides, and Capitol Hill Auto Repair Inc. All of the companies are being sued by Racine.

The suit alleges that since 2008, the companies have violated D.C. environmental laws by repeatedly spilling used motor oil into the street, allowing it to reach a nearby drain that connects to Hickey Run, a tributary of the Anacostia River. “Both Hickey Run and the Anacostia River suffer environmental damage because of past and ongoing pollution,” reads a press release from the Attorney General’s office about the suit.

Used car oil contains carcinogenic chemicals that can kill plants and animals, and that are hazardous to human health. The Anacostia River has long been one of the most polluted rivers in the country—it failed its annual health check for every one of the last 10 years until this last June, when it passed with a D. Now, a new tunnel to prevent sewage overflow and the introduction of mussels are some of the strategies for cleaning the river.

The suit also alleges that the companies failed to properly store hazardous materials like used oil, which are supposed to be in separate, clearly labeled containers according to D.C. law. The Department of Energy and the Environment cited these companies at least five separate times for failing to store hazardous waste correctly, allowing it to spill into the street, and not responding appropriately to spills, Racine’s office says.

Right Hour Sales Inc. has also allegedly failed to pay a $3,000 fine it incurred in 2015 for continuously spilling oil. The company entered into a payment plan for the fine this year, but has stopped making payments, according to the AG.

Racine is seeking a court order that would shut down these businesses until they’ve corrected the violations and can show they’ll stop these spills from occurring in the future. He is also seeking damages of up to $50,000 for each oil spill since 2017, up to $25,000 for each day oil was improperly stored on the premises since 2017, and payment of all outstanding fines from the DOEE.

After several of its own regulatory actions appeared not to be having success, the DOEE referred the case to the attorney general, who went on to file the suit. It’s the first environmental suit the AG’s office has brought against a local business since it became an independent agency in 2015.