Section 21-1513. ADMINISTRATIVE ENFORCEMENT REMEDIES

1513.1 When WASA finds or suspects that a User’s discharge has a potential to violate any provision of the Act or this chapter, an individual wastewater discharge permit, order issued hereunder, or any other Pretreatment Standard or requirement, WASA may issue that User a written Notice of Warning which shall include:

 

(a) Date and location of the potential violation, if applicable;

 

(b) Pretreatment standard or requirement potentially violated; and

 

(c) Recommended actions to prevent a violation.

 

1513.2 When WASA finds or suspects that a User’s discharge has a potential to violate any provision of the Act or this chapter, an individual wastewater discharge permit, order issued hereunder, or any other Pretreatment Standard or requirement, WASA may issue that User a written Directive Letter which shall include:

 

(a) Date and location of the potential violation, if applicable;

 

(b) Pretreatment standard or requirement potentially violated; and

 

(c) Follow-up monitoring, corrective action, or other response requirements.

 

1513.3 When WASA finds that a User’s discharge violated, or continues to violate, any provision of the Act or this chapter, an individual wastewater discharge permit, or order issued hereunder, or any other Pretreatment Standard or requirement, WASA may issue that User a written Notice of Violation which shall include:

 

(a) Date and location of the violation;

 

(b) Pretreatment standard or requirement violated and the concentration in the wastewater discharge, if applicable; and

 

(c) Follow-up monitoring, corrective action, or other response requirements.

 

1513.4 Within  fourteen (14) calendar days of the receipt of the Notice of Violation or as specified by WASA, the User shall submit to WASA an explanation of the violation and a corrective action plan for the satisfactory correction and prevention thereof, to include specific required actions. Submission of such a corrective action plan in no way relieves the User of liability for any violations occurring before or after receipt of the Notice of Violation. Nothing in this chapter shall limit the authority of WASA to take any action, including emergency actions or any other enforcement action, without first issuing a Notice of Violation.

 

1513.5 WASA may require any User to submit for approval a detailed time schedule for specific actions which the User shall implement in order to either prevent a discharge, or to correct a source or cause of the violation. WASA may modify such time schedule as appropriate prior to approval. WASA may require such notification as necessary to carry out the purposes of the Act and this chapter.

 

1513.6 Whenever WASA has reason to believe that a User is violating the Act, or this chapter, WASA may issue a Notice of Infraction and Proposed Order as set forth in §§ 1513 and 1514. 

 

1513.7 The Notice of Infraction shall include the following:

 

(a) The nature, time, and place of the violation (with reasonable specificity);

 

(b) The corrective or remedial action to be taken and any fines imposed or other amounts sought in accordance with this chapter;

 

(c) The date upon which the Proposed Order shall become effective; and

 

(d) The procedure by which a User may answer a Notice of Infraction and Proposed Order and request a hearing, along with notification that failure to answer may lead to the adoption of some or all of the Proposed Order.

 

1513.8 The Proposed Order may direct the User to do the following:

 

(a) Eliminate the violation;

 

(b) Comply with the provisions of this chapter;

 

(c) Take specific actions to avoid future violations;

 

(d) Pay fines, costs, or other amounts, as authorized by this chapter; and

 

(e) Comply with the schedule for completion of any of the directives of the Proposed Order.

 

1513.9 The Proposed Order may provide for the suspension or revocation of any permit issued by WASA pursuant to this subchapter, or the suspension or revocation of any contract or agreement between the User and WASA, to the extent that such permit, contract, or agreement authorizes the User to discharge into the District's wastewater system.

1513.10 In the event of an actual or threatened discharge to the District's wastewater system which, in the sole discretion of WASA, reasonably appears to present an imminent danger to the health or welfare of persons, WASA may, after informal notice to the discharger, suspend water service to any User who is or may be responsible for the discharge as is necessary to avoid or abate the danger. WASA is not required to conduct a hearing before taking such action.

 

1513.11 In the event of an actual or threatened discharge to the District's wastewater system which, in the sole discretion of WASA, reasonably appears to present an imminent danger to the environment or the operation or integrity of the District's wastewater system, WASA may, after providing notice and an opportunity to respond to the User, suspend water service to any User who is or may be responsible for the discharge as is necessary to avoid or abate the danger.

 

1513.12 A User notified of a suspension of its discharge shall immediately stop or eliminate the discharge. In the event of a User’s failure to immediately comply voluntarily with the notice of suspension, WASA may, in addition to suspending water service, take such steps as deemed necessary, including immediate severance of the sewer connection, to prevent or minimize damage to the District’s wastewater system, its receiving stream, or endangerment to any individuals.

 

1513.13 Any notice or opportunity to respond to which WASA is required under the United States Constitution to provide to a User as a result of any action taken by WASA pursuant to § 1513.9 or § 1513.10, is not required to be provided or conducted pursuant to subchapter I of chapter 5 of title 2 of the District of Columbia Official Code.

 

1513.14 WASA's decision to suspend service may be appealed as set forth in § 1519 by filing a petition for an administrative hearing within fifteen (15) calendar days of the date of the notice of suspension as set forth in 21 DCMR § 412.3.

 

1513.15 The filing of an appeal of WASA's decision shall not stay suspension or termination of service.

 

1513.16 WASA shall restore the water service and allow the User to recommence its discharge as soon as practical after the emergency situation has been corrected and the User has demonstrated to the satisfaction of WASA that the period of endangerment has passed, unless WASA has terminated the Users permit.

 

1513.17 The permit of any User who violated the Act, any provision of this chapter or applicable federal law or regulations may be revoked.

 

1513.18 WASA may immediately revoke any Wastewater Discharge Permit in any case in which a violation of any provision of the Act or this chapter is known or found to exist or where a discharge or wastewater causes or threatens to cause a condition of interference, pollution, or nuisance as defined in this chapter. Revocation of a permit alone is sufficient grounds for termination of water service.

 

authority

The Board of Directors (the Board) of the District of Columbia Water and Sewer Authority (DC Water or WASA) pursuant to the authority set forth in the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11-111; D.C. Official Code §§ 34-2201.01, et seq.(2010Repl.)) and the Wastewater System Regulation Amendment Act of 1985, effective March 12, 1986 (D.C. Law 6-95; D.C. Official Code §§ 8-105, et seq. (2008 Repl. & 2011 Supp.)).

source

Final Rulemaking published at 33 DCR 6194, 6202 (October 10, 1986); as amended by Final Rulemaking published at 47 DCR 2948 (April 28, 2000); as amended by Notice of Final Rulemaking published at 59 DCR 1021, 1071 (February 10, 2012).

EditorNote

The Notice of Final Rulemaking published at 59 DCR 1021 (February 10, 2012) amended chapter 15 in its entirety, including renaming many of the sections. Section 1513 is formerly entitled "Administrative Fines."