Section 20-4302. ENTRIES FOR INSPECTIONS AND MONITORING

 

4302.1Upon entry, the Director may do any of the following:

 

(a)Inspect the place or vehicle where the hazardous waste, used oil, or regulated medical waste is or was located, or will be located, and any surrounding areas that may be impacted;

 

(b)Inspect and obtain samples of any hazardous waste, used oil, or regulated medical waste, or of any substance or thing used in handling, transporting, treating, storing, or disposing of the waste or used oil; and

 

(c)Inspect and copy any records, reports, information, test results, or other documents relating to the purpose of the laws and rules listed in § 4300.

 

4302.2If the Director obtains any samples from the premises or the vehicle, the Director shall give the owner, operator, or agent in charge a receipt that describes the samples obtained, and, if requested, a portion of each sample equal in volume or weight to the portion obtained. If any analysis is made of the samples, the Director shall promptly furnish the owner, operator, or agent in charge a copy of the results of the analysis made of the samples.

 

4302.3In addition to the information required to be produced during an inspection pursuant to § 4302.1(c) the Director may require in writing that a generator, transporter, owner or operator of a regulated facility, or other person handling hazardous waste, used oil, or regulated medical waste provide any document, respond to specific questions, or provide other information with respect to any of the wastes or used oil, or the handling of the wastes or used oil, as may be necessary to determine compliance with the laws and rules listed in § 4300.

 

4302.4When the Director makes a written request for any document, response to specific questions, or other information pursuant to § 4302.3, the documents, responses, or other information shall be submitted to the Director within fourteen (14) days of receipt of the request, unless the Director specifies a different time period.

 

4302.5The Director may require a generator, transporter, owner or operator of a regulated facility, or any other responsible person to take any necessary response or corrective action, including monitoring or testing, in accordance with the requirements of the laws and rules listed in § 4300.

 

4302.6When requiring a responsible person to take action pursuant to this chapter, the Director may, in addition to any other enforcement action authorized by law, issue a field notice or directive letter, that shall advise the responsible person of the action the person is required to take and state the time period within which the action must be performed.

 

4302.7Notwithstanding § 4302.6, the Director may give an oral directive to a responsible person to cease and desist from an activity in a situation where there is potential serious danger to human health or the environment, or to take immediate action to mitigate any hazard from a spill or release; provided, that the Director shall, as soon thereafter as practicable, issue a written directive incorporating the contents of the oral directive.

 

4302.8When dangerous chemicals, hazardous wastes, used oil, or regulated medical waste on a property pose an imminent threat to human health or the environment, the Director may post notice of the threat on the property and restrict access. The posting shall provide the public with notice that a dangerous condition exists, and shall prohibit the owner, operator, and agent in charge from removing or handling the chemicals or the waste without prior approval from the Director.

 

source

Final Rulemaking published at 52 DCR 9653 (October 28, 2005).