Section 20-6601. NOTICE OF VIOLATION OR THREATENED VIOLATION

 

6601.1Any enforcement action under the Act or pursuant to this Subtitle shall be commenced with a written notice of violation or threatened violation issued to any person deemed appropriate by the Director, except as provided in §§ 6603 and 6606.2.

 

6601.2The notice of violation or threatened violation shall:

 

(a)Clearly identify the violation or threatened violation by citing the specific regulations(s);

 

(b)May require the Respondent (as defined in § 7099.1) to take the corrective measures the Director considers reasonable and necessary; and

 

(c)If corrective measures are required, shall allow a reasonable time for performance of necessary corrective measures, consistent with the likelihood for harm and the need to protect health, safety, life, property and the environment.

 

6601.3A Directive issued pursuant to § 6301.4 may serve as a notice of violation or threatened violation, provided it meets the requirements of this section.

 

6601.4A notice of violation or threatened violation shall be served by personal service on a Respondent or his or her authorized agent or by certified mail, return receipt requested. If the person fails or refuses to accept certified mail, the notice of violation or threatened violation may be served by regular first class mail; provided that:

 

(a)The notice of violation is sent to the last known address of the person being served or if applicable, the address(es) on a notification form or other official correspondence submitted to the Department; and

 

(b)The accuracy of the address is verified.

 

6601.5If a Respondent objects to a notice of violation or threatened notice of violation on the grounds that the action directed, is not necessary or appropriate from a technical, engineering, geophysical, or other scientific perspective, the Respondent shall file a written statement including the grounds for his or her objection within fifteen (15) calendar days of service of the notice, or any other longer time period as the Director may specify.

 

authority

District of Columbia Underground Storage Tank Management Act of 1990, effective March 8, 1991, D.C. Law 8-242, D.C. Official Code, § 8-113.01 et seq. (2008 Repl.), as amended, and Mayor's Order 2006-61, dated June 14, 2006

source

Final Rulemaking published at 40 DCR 7835, 7915 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 56 DCR 6678 (August 21, 2009).