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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 20. ENVIRONMENT |
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Chapter 20-43. HAZARDOUS WASTE MANAGEMENT - ADMINISTRATION AND ENFORCEMENT |
Section 20-4313. JUDICIAL ACTION IN LIEU OF ADMINISTRATIVE ENFORCEMENT
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4313.1Pursuant to § 11 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 § 8-1310 (2001)), if the Director finds that any person is operating a treatment, storage, or disposal facility, or is generating or transporting hazardous waste, used oil, or regulated medical waste in an illegal, unsafe, or otherwise improper manner that endangers the public health, safety, or welfare or the environment, the Director may seek a temporary restraining order, preliminary injunction, permanent injunction, or other appropriate relief in court in lieu of proceeding with an administrative enforcement action under this chapter.
4313.2After a notice of violation, threat, or release has been issued and the time for compliance has expired, the Director may institute judicial action pursuant to §§ 11 and 12 of the District of Columbia Hazardous Waste Management Act of 1977, D.C. Official Code §§ 8-1310 and 8-1311, for injunctive relief, civil or criminal penalties, or cost recovery in lieu of proceeding through the administrative enforcement process.
4313.3Pursuant to § 3 of the Illegal Dumping Enforcement Act, effective May 20, 1994, as amended (D.C. Law 10-117; D.C. Official Code § 8-902(b)(3), (b)(4), and (c) (2001)), the Director may, in addition to any administrative penalty or sanction authorized by the Illegal Dumping Enforcement Act:
(a)In cases involving the knowing disposal of hazardous waste in violation of D.C. Official Code § 8-902(a), seek criminal penalties and/or civil penalties in court in lieu of civil infraction fines, penalties, and fees; and
(b)In cases involving the knowing disposal of regulated medical waste in violation of D.C. Official Code § 8-902(a), seek criminal penalties in court in lieu of civil infraction fines, penalties, and fees.