Section 20-4305. NOTICE OF VIOLATION, THREAT, OR RELEASE

 

4305.1Except as provided in §§ 4308, 4311, 4313, and 4314, the Director shall commence an enforcement action pursuant to this chapter with a written notice of violation, threat, or release issued to the generator, transporter, owner or operator of a regulated facility, or any other responsible person (the "respondent") deemed appropriate by the Director.

 

4305.2The notice of violation, threat, or release shall identify the alleged violation, threat, or release, and may require the respondent to conduct monitoring or testing, or to take any response or corrective measures the Director determines reasonable and necessary.

4305.3A "Notice of Violation," "Notice of Threat," or "Notice of Release" shall make clear the basis for the notice, and that the respondent's failure to take the measures directed will constitute an additional violation of the pertinent statute or regulation.

 

4305.4A field notice or directive letter issued pursuant to § 4302.6 may serve as a notice of violation, threat, or release, provided it meets the requirements of this section.

 

4305.5The Director shall serve a notice of violation, threat, or release on the respondent or the respondent's authorized representative in person or by certified mail, return receipt requested. If the responsible person fails or refuses to accept certified mail, the Director may serve the notice of violation, threat, or release by regular first class mail; provided the following requirements are met:

 

(a)The Director shall send the notice to the last known address listed on the person's application for an EPA identification number, biennial report, or other official correspondence submitted to the Department; or

 

(b)The Director shall verify the accuracy of the address.

 

4305.6Where dangerous chemicals, hazardous waste, used oil, or regulated medical waste on property pose a threat to human health or the environment, or where there is a release of hazardous waste, used oil, or regulated medical waste into the environment, and the responsible person, or the address of the responsible person, is unknown or cannot be located, the Director may serve written notice by conspicuously posting the notice on the property where the threat exists or the release occurred and sending a copy to the owner of the property at the owner's last known address via certified mail.

 

source

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