Section 20-4307. NOTICE OF VIOLATION, THREAT, OR RELEASE, COMBINED WITH IMMEDIATE COMPLIANCE ORDER OR CEASE AND DESIST ORDER

 

4307.1The Director may issue a notice of violation, threat, or release together with an immediate compliance order or cease and desist order; or issue a notice of violation, threat, or release and file a motion before OAH to issue an immediate compliance order or cease and desist order; to require a respondent to respond to or correct a situation that immediately threatens human health or the environment, or to prohibit the respondent from engaging in any unauthorized activity that immediately endangers or causes damage to the public health, safety, or welfare or the environment.

 

4307.2When a notice of violation, threat, or release and an immediate compliance order or cease and desist order is authorized under this section, reasonable notice shall be notice appropriate to the emergency nature of the situation. It shall not be necessary to first issue a proposed compliance order or to first provide an opportunity for an administrative hearing.

 

4307.3Except as provided in § 4307.4, the Director shall serve a notice of violation, threat, or release combined with an immediate compliance order or a cease and desist order in the same manner as a proposed compliance order pursuant to § 4306.3.

 

4307.4When 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 is unknown or cannot be located, the Director may serve a notice of violation, threat, or release combined with an immediate compliance order or a cease and desist order in the manner specified in § 4305.6.

 

4307.5An immediate compliance order or a cease and desist order shall:

 

(a)Include a statement of the nature of the violation, threat, or release;

 

(b)Take effect immediately, at the time and on the date signed;

 

(c)Identify the action to be taken or the activity to be stopped, including those measures listed in § 4309.3;

 

(d)Include a statement, pursuant to § 9 of the District of Columbia Hazardous Waste Management Act, effective March 16, 1978 (D.C. Law 2-64; D.C. Official Code § 8-1308 (2001)), advising the respondent that the respondent has the right to request a hearing before OAH in accordance with the requirements of 1 DCMR § 2805.2 within fifteen (15) days of service of the order and that, if a hearing is not requested within that time period, the order will become final;

 

(e)Include a statement that the respondent has the right, at the respondent's expense, to legal representation at the hearing; and

 

(f)Where applicable, state that if the respondent fails to comply with the notice within the time period stated in the immediate compliance order or cease and desist order, the respondent shall be liable, pursuant to § 12 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.

 

4307.6A request for a hearing shall not stay the effective date of an immediate compliance order or cease and desist order.

 

4307.7If a person fails to comply with the notice within the time period stated in the notice, the Director shall, to protect human health and the environment, take response or corrective action necessary to alleviate or terminate the violation, threat, or release.

 

source

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