Section 20-4309. ADMINISTRATIVE HEARINGS

 

4309.1Once an administrative hearing is requested or scheduled, the proceeding shall be governed by the District of Columbia Administrative Procedure Act, approved October 4, 1968, as amended (82 Stat. 1203; D.C. Official Code §§ 2-501 to 2-510 (2001)); the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code §§ 2-1831.01 to 2-1831.19 (2001)); and the rules of practice and procedure established by the District of Columbia Office of Administrative Hearings (OAH) in chapters 28 and 29 of Title 1 of the District of Columbia Municipal Regulations (1 DCMR).

 

4309.2Pursuant 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) (2001)), a compliance order or cease and desist order shall order the respondent to monitor, test, or take such corrective actions as are reasonable and necessary to respond to or correct a violation, threat, or release.

 

4309.3A compliance order or cease and desist order, including an immediate compliance order or cease and desist order issued pursuant to 20 DCMR § 4307, may include the following:

 

(a)Measures to respond to or correct a violation, threat, or release, including:

 

(1)Performance of any spill or release response or cleanup measures necessary to alleviate or terminate the violation, threat, or release to protect human health and the environment;

 

(2)Performance of monitoring, testing, investigations, or studies;

 

(3)Preparation of a comprehensive site assessment;

 

(4)Preparation of corrective action plans, including measures to be taken to prevent future violations;

 

(5)Implementation of a corrective action plan;

 

(6)Training requirements;

 

(7)Performance bond and financial assurance requirements; and

 

(8)Reporting, record-keeping, and record retention requirements;

 

(b)The amount of any civil infraction fines, penalties, and fees to be imposed;

 

(c)Where applicable, authorization for the Director to enter the premises or vehicle for purposes undertaking any monitoring, testing, assessment, response, or corrective action if the respondent fails or refuses to comply with an order requiring the respondent to take these actions within the time periods set forth in the order;

 

(d)A statement that the Director may recover, 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(2)(B) (2001)), any costs, expenses, and interest incurred by the District of Columbia for any response or corrective action undertaken by the Department; and

 

(e)A statement regarding appeal rights.

 

source

Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 54 DCR 5586 (June 8, 2007).