Section 20-3213. ENFORCEMENT AND PENALTIES

 

3213.1The Department may enforce a violation of the Act or this chapter by issuing one or more of the following:

 

(a)Notice of Violation;

 

(b)Notice of Infraction;

 

(c) Cease and Desist Order, which shall take effect immediately, or a Compliance Order;

 

(d)Notice of suspension, revocation, or denial of a license pursuant to § 3212; or

 

(e) Any other order necessary to protect human health or the environment, or to implement this chapter consistent with the purposes of the Act.

 

3213.2Orders issued pursuant to § 3213.1(b), (c), and (e):

 

(a)Shall identify the name and address of the recipient;

 

(b)Shall identify the alleged violation or threatened violation;

 

(c)May require the respondent to conduct corrective action;

 

(d)Shall make clear the basis for the order and that the respondent’s failure to take the measures directed will constitute an additional violation of the Act or the chapter; and

 

(e)Shall state the process for objecting to the order.

 

3213.3A person may object to an order by requesting a hearing within fifteen (15) calendar days of service, or twenty (20) calendar days if service is made by United States mail, as follows:

 

(a)If specific instructions are not on the order, the owner, individual, firm, or entity shall file a written request for a hearing, including the grounds for the objection, with the Office of Administrative Hearings (OAH), established pursuant to the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code, §§ 2-1831.01 et seq.), in accordance with the Rules of Practice and Procedure of the Office of Administrative Hearings set forth in Title 1 DCMR Chapter 28;

 

(b)If a hearing is not requested within the specified time period, the order becomes final and remains in effect until the Department determines that any applicable corrective actions have been completed; and

 

(c)A hearing request does not stay the effective date of a Cease and Desist Order.

 

3213.4The Department may also initiate a civil action in the Superior Court of the District of Columbia to secure a temporary restraining order, preliminary injunction, or other relief necessary for enforcement of these rules.

 

 

authority

Sections 103(b)(1)(B)(ii)(III) and 107(4) 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)(III) and 8-151.07(4) (2013 Repl. & 2015 Supp.)); Title III, Subtitle B of the Air Quality Amendment Act of 2014, effective September 9, 2014 (D.C. Law 20-135; D.C. Official Code §§ 8-241.01 et seq. (2013 Repl. & 2015 Supp.)); and Mayor’s Order 2006-61, dated June 14, 2006.

source

Final Rulemaking published at 63 DCR 6098 (April 22, 2016).