Section 20-4306. PROPOSED COMPLIANCE ORDER

 

4306.1If the respondent upon whom a notice of violation, threat, or release has been served fails to comply with the monitoring, testing, response, or corrective measures required in the notice, the Director may issue a proposed compliance order.

 

4306.2A proposed compliance order shall:

 

(a)Include a statement of the facts and nature of the alleged violation, threat, or release, and the legal grounds for the enforcement action;

 

(b)Allow a reasonable time for compliance with the order, consistent with the likelihood of any harm and the need to protect human health, and safety, property, and the environment;

 

(c)Advise the respondent that the respondent has the right to request an administrative hearing and, at the respondent's expense, the right to legal representation at the hearing;

 

(d)Inform the respondent of any scheduled hearing date, or of any actions necessary to obtain a hearing, and the consequences of failure to comply with the proposed compliance order or failure to request a hearing;

 

(e)State the action that the respondent is required to take, or the activity or activities that the respondent is required to cease, to comply with the order, including those measures listed in § 4309.3;

 

(f)State the amount of any civil infraction fines, penalties, or costs to be assessed for failure to comply with the order; and

 

(g)State that if the respondent fails to comply with the proposed compliance order within the time period stated in the order, the respondent shall be liable, pursuant to § 12(a) of the District of Columbia Hazardous Waste Management Act of 1977, effective March 16, 1978, as amended (D.C. Law 2-64; D.C. Official Code § 8-1311(a)(2)(B) (2001)), for the cost of any response or corrective action incurred by the District of Columbia to protect human health or the environment by alleviating or terminating the violation, threat, or release.

 

4306.3The Director shall serve a proposed compliance order by one (1) of the following methods:

 

(a)Personal service on the respondent or the respondent's authorized representative;

 

(b)Mailing the proposed compliance order to the respondent or the respondent's authorized representative by certified mail, return receipt requested. Service by mail is complete upon deposit in the United States mail, properly stamped and addressed;

 

(c)Delivering the proposed compliance order to the last known home or business address of the respondent or respondent's agent, and leaving it with an individual of suitable age and discretion then residing or employed therein; or

 

(d)Any other method set forth in the District of Columbia Hazardous Waste Management Act of 1977 or any amendment thereto.

 

4306.4A proposed compliance order shall state that the respondent is required to file a written answer to the compliance order, the time within which to respond, and the form of response required.

 

source

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