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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 20. ENVIRONMENT |
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Chapter 20-33. REGULATION OF LEAD-BASED PAINT ACTIVITIES |
Section 20-3320. ENFORCEMENT ACTIONS AND COST REIMBURSEMENT
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3320.1If an owner, individual, firm, or business entity fails to comply with any document issued in accordance with the procedures set forth in § 3318 or violates any other provision of the Acts or this chapter, and such failure is likely to result in harm to either human health or the environment, DDOE may take any reasonable steps needed to prevent such harm from occurring and shall require reimbursement by said owner, individual, firm, or business entity for all reasonable costs as set forth on a DDOE invoice.
3320.2DDOE may enforce a violation of the Acts or this chapter, by issuing one or more of the following:
(a)Notice of Violation;
(b)Notice of Infraction;
(c)Cease and Desist Order;
(d)Order to Eliminate Lead-Based Paint Hazards;
(e)Notice of suspension, revocation, or denial in accordance with § 3321; or
(f)Another order necessary to protect human health or the environment, or to implement this chapter.
3320.3Each notice and order shall:
(a)Identify the violation;
(b)Specify the measures needed to correct the violation, including the time for compliance;
(c)Order any other action necessary to protect the health and safety of the occupants;
(d)Include an invoice charging the recipient of the notice or order for the costs associated with the lead-based paint hazard evaluation that resulted in the identification of lead-based paint hazards; and
(e)In the case of a Notice of Infraction, include an assessment of a fine for each violation being cited.
3320.4An owner, individual, firm, or business entity may object to a notice or order by requesting a hearing within fifteen (15) calendar days of service. If service is by first class mail, a request for a hearing may be filed within twenty (20) days of service. If specific instructions are not on the notice or order, the owner, individual, firm, or entity shall file a written request for a hearing, including the grounds for the objection, in accordance with Rules of Practice and Procedure of the Office of Administrative Hearings set forth in Title 1 DCMR Chapter 28.
3320.5DDOE may issue a Cease and Desist Order to take effect immediately, requiring an owner, individual, firm, or business entity to correct a condition which is an imminent and substantial danger to the public health or restraining an owner, individual, firm, or business entity from engaging in any unauthorized activity that immediately and substantially endangers the public health. A Cease and Desist Order shall:
(a)Describe the nature of the violation;
(b)Take effect at the time and on the date signed; and
(c)Identify the corrective actions to be taken or actions that must be immediately suspended.
3320.6A hearing request does not stay the effective date of a Cease and Desist Order. If a hearing is not requested within the fifteen (15) day time period, the Order becomes final and remains in effect until DDOE determines that the corrective actions have alleviated the dangerous conditions.
3320.7In addition to imposing injunctive relief through a Cease and Desist Order under § 3320.5, DDOE may impose administrative sanctions for any infractions under this chapter or the Acts through the use of civil fines, penalties, and fees pursuant to D.C. Official Code, Title 2, Chapter 18.
3320.8The District may also initiate a civil action in the Superior Court of the District of Columbia to:
(a)Seek recovery of any corrective action costs incurred by the District government caused by any violation of the Acts or this chapter;
(b)Impose civil penalties up to $25,000 for each day of each violation; or
(c)Secure a temporary restraining order, preliminary injunction, or other relief necessary for enforcement of this chapter or the Acts.
3320.9Any owner, individual, training provider, firm or business entity that knowingly or willingly violates the provisions of the Acts or this chapter may also be subject to a criminal penalty of not more than $25,000 for each day of each violation, or imprisonment for not more than one (1) year, or both.
3320.10Any notice or order shall be served by personal service on an owner, individual, firm or business entity or his or her authorized agent in the same manner as a summons in a civil action, which includes first class mail, or by registered or certified mail to his or her last known address or place of residence.