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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 20-66. UNDERGROUND STORAGE TANKS - ENFORCEMENT PROCEDURES |
Section 20-6602. PROPOSED COMPLIANCE ORDER OR PROPOSED CEASE AND DESIST ORDER
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6602.1If the Respondent upon whom a notice of violation or threatened violation has been served, fails to comply with the corrective measures required in the notice, the Director or his or her designee, may issue a proposed compliance order or a proposed cease and desist order to the Respondent.
6602.2A proposed compliance order or proposed cease and desist order shall:
(a)Include a statement of the facts, the nature of alleged violations including citation of the specific regulation(s) involved, and the legal grounds for relief;
(b)Allow a reasonable time for compliance with the order consistent with the likelihood for harm and the need to protect health, safety, life, property, and the environment;
(c)Advise the Respondent that he or she has a right to a hearing and to legal representation;
(d)Inform the Respondent of any scheduled hearing date or the actions which the Respondent must take to obtain a hearing and the consequences of failure to comply with the proposed order or request a hearing;
(e)Set forth the action or actions which the Respondent must take or the activity or activities which the Respondent must cease in order to comply with the order; and
(f)State the amount of any penalties to be assessed for failure to comply with the order.
6602.3A proposed compliance order, proposed cease and desist order, a summons or accompanying instructions shall be served by one of the following methods:
(a)Personal service on the named Respondent or the Respondent's authorized agent for service;
(b)Delivering to the last known home or business address of the named Respondent and leaving it with a person over the age of eighteen (18) years residing or employed therein; or
(c)Mailing, via United States Postal Service first class, certified, postage prepaid to the last known home or business address of the named Respondent or the Respondent's agent; or
(d)Any other means set forth in D.C. Law 8-242.
6602.4A proposed compliance order, proposed cease and desist order, a summons or accompanying instructions shall state whether the Respondent is required to file an answer thereto, the time within which to respond, and the form of response required.