Section 20-2512. SETTLEMENT AGREEMENTS AND CONSENT COMPLIANCE ORDERS

 

2512.1At any time after the issuance of a notice or order listed in § 2504.2, the parties to the proceeding may enter into a settlement agreement or consent compliance order.

 

2512.2 A settlement agreement or consent compliance order, including a consent compliance decree, shall set forth each of the agreements made, actions to be taken by the parties to the agreement, the dates by which any required actions must be undertaken or completed, and any agreed-upon fines, penalties, cost recovery, damages, attorney’s fees, costs and expenses, interest, supplemental environmental project, or any other sanction or remedy authorized by law.

 

2512.3 A settlement agreement shall be effective when signed by the parties and shall not require the signature of an administrative law judge of the District of Columbia Office of Administrative Hearings or a judge of a court of competent jurisdiction to become effective or to be filed in the case.

 

2512.4 A settlement agreement may be submitted to a court of competent jurisdiction for approval.

 

2512.5 The parties may enter into a consent compliance order with the approval of a court of competent jurisdiction.

 

2512.6 A consent compliance order shall be signed by the parties to the case and by the judge and shall have the force and effect of any judicial order.

 

2512.7 Unless the consent compliance order states otherwise, there shall be no right of appeal from a consent compliance order.

 

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

Final Rulemaking published at 62 DCR 3340 (March 20, 2015).