Section 16-4009. WATER QUALITY INFRACTIONS

 

4009.1Violation of any of the following provisions shall be a Class 1 infraction:

 

(a) D.C. Official Code § 8-103.02 (discharging a pollutant to the waters of the District without a permit);

 

(b) D.C. Official Code § 8-103.07(d) (discharging oil, gasoline, anti-freeze, acid or other hazardous substance, pollutant or nuisance material into a public space in a quantity sufficient to constitute a hazard or nuisance);

 

(c) D.C. Official Code § 8-103.13(b) (constructing a treatment facility without prior approval);

 

(d) D.C. Official Code § 8-103.13a(a) (constructing a well without a permit);

 

(e) D.C. Official Code § 8.103.16(b)(1) (knowingly making a false statement in an application, record, report, plan, or other document maintained under the Water Pollution Control Act);

 

(f) 21 DCMR §§ 1401.1 or 1401.3 (harvesting, cutting, removing, or eradicating submerged aquatic vegetation without plan approval); or

 

(g) 21 DCMR § 1407.1 (using an herbicide or chemical to control submerged aquatic vegetation without approval).

 

4009.2Violation of any of the following provisions shall be a Class 2 infraction:

 

(a) D.C. Official Code § 8.103.06(a) (discharging into a sewer material that is corrosive, flammable, explosive or may adversely affect the structure of a sewer line);

 

(b) D.C. Official Code § 8-103.06(b) (failure to comply with a permit or permit condition);

 

(c) D.C. Official Code § 8.103.07(e) (discharging used motor oil into a sewer);

 

(d) D.C. Official Code § 8.103.08(a)(1) (failure to notify the Mayor of a discharge of pollutant from a vessel or facility);

 

(e) D.C. Official Code § 8-103.13a(c) (failure to comply with procedure for abandoning a well); or

 

(f) D.C. Official Code § 8-103.15(b) (failure to allow an inspection or sampling related to the regulation of water quality; failure to allow an inspection or copying of a document required to be maintained).

 

4009.3Violation of the following provision shall be a Class 3 infraction:

 

(a)D.C. Official Code § 8.103.06(m) (discharging sanitary sewage, wash or process water, oil laden bilge water, refuse or litter from a watercraft).

 

4009.4Violation of any provisions of the Water Pollution Control Act of 1984, effective March 16, 1985, as amended (D.C. Law 5-188; D.C. Official Code §§ 8.103.01 to 8.103.20), which is not cited elsewhere in this section, shall be a Class 4 infraction.

 

 

authority

The Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.04 (2012 Repl.)); the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq. (2013 Repl.)); the District of Columbia Air Pollution Control Act of 1984, effective March 15, 1985 (D.C. Law 5-165; D.C. Official Code §§ 8-101 et seq. (2013 Repl.)); the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; D.C. Official Code §§ 8-401 et seq. (2013 Repl. & 2014 Supp.)); the Brownfields Revitalization Amendment Act of 2010, effective April 8, 2011 (D.C. Law 18-369; D.C. Official Code §§ 8-631 et seq. (2013 Repl.)); the District of Columbia Underground Storage Tank Management Act of 1990, effective March 8, 1991 (D.C. Law 8-242; D.C. Official Code §§ 8-113.01 et seq. (2013 Repl.)); the Childhood Lead Screening Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-265; D.C. Official Code § 7-871.03 (2012 Repl. & 2013 Supp.)); the Transfer of Lead Poison Prevention Program to the District Department of the Environment Amendment Act of 2008, effective August 18, 2008 (D.C. Law 17-219; D.C. Official Code § 8-151.03(b)(1)(B)(ii)(II)) (2013 Repl.)); the Lead-Hazard Prevention and Elimination Act of 2008, effective March 31, 2009 (D.C. Law 17-381; D.C. Official Code §§ 8-231.01 et seq. (2013 Repl.)); the Lead Hazard Prevention and Elimination Amendment Act of 2010, effective March 31, 2011 (D.C. Law 18-348; D.C. Official Code §§ 8-231.01 et seq. (2013 Repl.)); the District of Columbia Hazardous Waste Management Act of 1977, effective March 16, 1978 (D.C. Law 2-64; D.C. Official Code §§ 8-1301 et seq. (2013 Repl.)); the Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code §§ 8-103.01 et seq. (2013 Repl.)); Mayor’s Order 2006-61, Section 7 and 29, dated June 14, 2006; and Mayor’s Order 2009-113, dated June 18, 2009.

source

Final Rulemaking published at 61 DCR 8407 (August 15, 2014).