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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 21. WATER AND SANITATION |
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Chapter 21-10. RETAIL ESTABLISHMENT CARRYOUT BAGS |
Section 21-1012. PENALTIES FOR VIOLATION
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1012.1 Violation of any of the requirements of this chapter, except for Sections 1007, 1008.1, 1008.5, and 1009, shall subject a retail establishment to the penalties set forth in this Chapter.
1012.2 If the Director of the District Department of the Environment (“Director”) determines that a violation of this chapter covered by subsection 1012.1 has occurred, the Director shall issue a warning notice to the retail establishment for the initial violation.
1012.3 If the Director determines that an additional violation of this chapter has occurred after a warning notice has been issued for an initial violation, the Director shall issue a notice of infraction and shall impose a penalty against the retail establishment.
1012.4 The penalty imposed by the Director shall not exceed the following, for each violation that occurs after the issuance of the warning notice:
(a) One hundred dollars ($100) for the first violation in a calendar year;
(b) Two hundred dollars ($200) for the second violation in a calendar year;
and
(c) Five hundred dollars ($500) for the third and each subsequent violation in
a calendar year.
1012.5 No more than one (1) penalty shall be imposed upon a retail establishment within a seven (7) calendar day period.
1012.6 A retail establishment shall have fifteen (15) calendar days after the date that a notice of infraction is issued to pay the penalty.
1012.7 The penalty shall double after fifteen (15) calendars days if the retail establishment:
(a) Does not pay the penalty; or
(b) Fails to respond to a notice of infraction by either denying or objecting in
writing to the infraction or penalty.
1012.8 A recipient may request a hearing pursuant to instructions contained in the notice of infraction.
1012.9 Hearings or adjudications of violations under this Chapter shall be conducted pursuant to the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code §§ 2-1831.01 et seq.).