Section 20-4315. SETTLEMENT AGREEMENTS AND CONSENT COMPLIANCE ORDERS

 

4315.1At any time during the course of administrative or judicial enforcement proceedings, the parties to the proceeding may enter into a settlement agreement and/or consent compliance order.

 

4315.2A settlement agreement or consent compliance order, including a consent compliance decree, shall set forth each of the agreements made, actions to be taken by the parties to the agreement, the dates by which any required actions must be undertaken or completed; and any agreed-upon fines, penalties, cost recovery, damages, attorney's fees, costs and expenses, interest, supplemental environmental project, or any other sanction or remedy authorized by law.

 

4315.3Where a party proposes a supplemental environmental project, the project shall meet the following criteria:

 

(a)The project shall be directly related to preventing or correcting the problems that led to the violation;

 

(b)The project shall incorporate pollution prevention practices, including source reduction and waste minimization;

 

(c)The project, when it involves capital improvements, new pollution control equipment, or employee training for the facility in question, shall exceed minimum legal requirements;

 

(d)The party shall demonstrate the financial and technical ability to successfully complete the project;

 

(e)The party shall demonstrate good faith in correcting the violation and a willingness to change the party's course of conduct;

 

(f)The project shall not delay or frustrate compliance with regulatory or permit requirements;

 

(g)The total settlement value, including the value of the supplemental environmental project, shall reflect the full value of the penalties, damages, and cost recovery that would be otherwise imposed;

 

(h)The monetary component of the settlement shall fully compensate the District of Columbia for any damages, costs, and expenses incurred in connection with the violation; and

 

(i)To avoid rewarding noncompliance, the proposed supplemental environmental project shall create greater benefits for the public than economic benefits for the settling party.

 

4315.4A settlement agreement shall be effective when signed by the parties thereto, and shall not require the signature of an OAH administrative law judge or a judge to become effective or to be filed in the case.

 

4315.5A settlement agreement may be submitted to OAH or the court for approval.

 

4315.6The parties may enter into a consent compliance order with the approval of the OAH or the court.

 

4315.7A consent compliance order shall be signed by the parties to the case and by the administrative law judge or the judge, and shall have the force and effect of any final administrative or judicial order.

 

4315.8Unless the consent compliance order states otherwise, there shall be no right of appeal from a consent compliance order.

 

source

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