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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 20-6606. IMMEDIATE COMPLIANCE ORDERS, IMMEDIATE CEASE AND DESIST ORDERS
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6606.1The Director, or his or her designee, may issue an immediate compliance order or an immediate cease and desist order to require a person to correct a situation which immediately threatens health or the environment or to restrain any person from engaging in any unauthorized activity that immediately endangers or causes damage to public health or the environment.
6606.2When an immediate compliance order, or immediate cease and desist order, is authorized under this section, it shall not be necessary to first issue a notice of violation or proposed compliance order pursuant to § 6601 or 6602 or to provide reasonable notice and an opportunity for a hearing pursuant to § 6602.
6606.3An immediate compliance order or immediate cease and desist order issued pursuant to this section shall be served in the same manner as a proposed compliance order or proposed cease and desist order is served pursuant to § 6602.4.
6606.4An immediate compliance order or immediate cease and desist order shall:
(a)Include a statement of the nature of the situation or violation;
(b)Take effect at the time and on the date signed;
(c)Identify the action or actions to be taken or ceased; and
(d)Include a statement advising the Respondent that he or she has a right to request a hearing before an ALJ within the OAD within seventy-two (72) hours of service of the order upon him or her, and that if a hearing is not requested within that time period, the order will become final.
6606.5A hearing request shall not stay the effective date of the order.
6606.6If a hearing is requested, the hearing shall be held within fifteen (15) days from the date that the hearing request is received by OAD and the ALJ shall issue a decision, including findings of fact and conclusions of law, no later than fifteen (15) days after the hearing.
6606.7Any situation or activity, related to underground storage tanks regulated by this Subtitle, that is conducted in violation of these regulations or that endangers or causes damage to public health or the environment shall warrant a prohibition on delivery of product through issuance of an immediate cease and desist order, including but not limited to:
(a) An accumulation of toxic, flammable or explosive vapors in a structure, sewer or excavation;
(b) Floating free product on surface or ground water;
(c) Potential for migration of release to surface waters or other sensitive environmental receptors;
(d) An open pit or excavation that is not secured properly during or left in place after corrective action;
(e) Anything which may cause potential exposure of humans, plants or animals to hazardous substances; or
(f)Missing or inoperable spill prevention, overfill protection, release detection, or corrosion protection required equipment or material.