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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 20-6605. HEARINGS AND ISSUANCE OF FINAL ORDER
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6605.1Once a hearing is requested, motions practice, pre-hearing discovery, and the conduct of the hearing shall be in accordance with the D.C. Administrative Procedures Act and Department hearing procedures.
6605.2The Petitioner (as defined in § 7099.1) shall have the burden of going forward with and of proving that the violation occurred as set forth in the proposed compliance or cease and desist order, and that the proposed civil penalty, revocation or suspension, as the case may be, is appropriate.
6605.3Following the establishment of a prima facie case, the Respondent shall have the burden of presenting and of going forward with any defense to the allegations set forth in the petition. Each matter of controversy shall be determined by the ALJ upon a preponderance of the evidence.
6605.4If a Respondent does not appear for the scheduled hearing, and no continuance has been granted, the ALJ may receive evidence and hear testimony and may render a decision on the basis of evidence before it.
6605.5The ALJ shall inform the parties of an action taken under this section.
6605.6A decision of the ALJ shall be supported by and in accordance with substantial, reliable, and probative evidence pursuant to D.C. Code § 1-1509(e) (1992 Repl. Vol.).
6605.7The ALJ's decision and order shall include findings of fact and conclusions of law.
6605.8A final compliance order shall also set forth the following:
(a)The action or actions which must be taken by the Respondent to correct a violation or threatened violation of the Act or regulations issued under the Act, and may include the following:
(1)Perform testing, studies, investigations, monitoring;
(2)Perform comprehensive site assessment;
(3)Upgrade tanks, remove tanks, install leak detection systems, repair or replace tank systems, close tanks;
(4)Prepare corrective action plans;
(5)Implement remediation or corrective action plan; or
(6)Maintain and submit records.
(b)The amount of any civil penalties to be imposed, as authorized by §§ 10(d) through (g) of the Act;
(c)Authorization for the Director to enter on property to undertake assessment and corrective action, if the Respondent fails or refuses to comply with an order requiring the Respondent to perform a site assessment or corrective action within the time period set forth in the order; and
(d)Any applicable appeal rights.
6605.9A final order suspending, revoking or denying a license or certification shall state clearly the action taken the reasons for the action, and any applicable appeal rights.