Section 20-2506. COMPLIANCE ORDER

 

2506.1 The District Department of the Environment may issue a compliance order if the respondent upon whom a warning notice; field notice; directive letter; stop sale, use, or removal order; or a notice of violation has been served fails to comply with any actions required in the notice, pursuant to the Brownfields Revitalization Amendment Act of 2000, effective April 8, 2011, as amended (D.C. Law 18-369; D.C. Official Code §§ 8-631 et seq.)).

 

2506.2 A compliance order shall:

 

(a)  Include a statement of the facts and nature of the alleged violation;

 

(b)  Allow a reasonable time for compliance with the order, consistent with the likelihood of any harm and the need to protect public health, safety, or welfare, or the environment;

 

(c)  Advise the respondent that the respondent has the right to request an administrative hearing and, at the respondent’s expense, the right to legal representation at the hearing;

 

(d)  Inform the respondent of any scheduled hearing date, or of any actions necessary to obtain a hearing, and the consequences of failure to comply with the compliance order or failure to request a hearing;

 

(e)  State the action that the respondent is required to take, or the activity or activities that the respondent is require to cease to comply with the order; and

 

(f)  State that civil infraction fines, penalties, or costs may be assessed for failure to comply with the order.

 

2506.3 A compliance order shall state that the respondent is required to file a written answer to the compliance order, the time within which to respond, and the form of responses required.

 

 

authority

Section 12(a) of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; D.C. Official Code § 8-411(a) (2013 Repl.)); Section 11(a) of the Pesticide Education and Control Amendment Act of 2012, effective October 23, 2012 (D.C. Law 19-191; D.C. Official Code § 8-440(a) (2013 Repl.)); Section 103(b)(1)(B)(ii)(II) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.03(b)(1)(B)(ii)(II) (2013 Repl.)); the Brownfields Revitalization Amendment Act of 2010 (Brownfields Act), effective April 8, 2011 (D.C. Law 18-369; D.C. Official Code §§ 8-631.01 et seq. (2013 Repl.)); and Mayor’s Order 98-47, dated April 15, 1998, as amended by Mayor’s Order 2006-61, dated June 14, 2006.

source

The Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating the text of the Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 48 DCR 8744 (September 21, 2001); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015).