Section 21-2303. ENFORCEMENT

 

2303.1 Violation of any of the requirements of this chapter or Title IV, Subtitle A, of the Sustainable DC Omnibus Amendment Act of 2014, shall subject a food service business to the penalties set forth in this section.

 

2303.2The Department may enforce a violation of this chapter by issuing one or more of the following:

 

(a)Notice of violation; or

 

(b)Notice of infraction.

 

2303.3The Department may issue a notice of infraction without first issuing a notice of violation or threatened violation.

 

2303.4Sanctions, including civil fines and penalties, may be imposed pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985, (D.C. Law 6-42; D.C. Official Code §§ 2-1801 et seq.).

 

2303.5The Department may also initiate a civil action in the Superior Court of the District of Columbia to secure a temporary restraining order, preliminary injunction, or other relief necessary for enforcement of this chapter.

 

2303.6 Each instance or day of a violation of each provision of this chapter shall be a separate violation.

 

2303.7The Department may enter any food service business during normal business hours for the purpose of determining whether a food service business is selling or providing food or beverages in expanded polystyrene food service products.

 

 

authority

District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq. (2013 Repl.)), the Sustainable DC Omnibus Amendment Act of 2014 (“Act”), effective December 17, 2014 (D.C. Law 20-142; D.C. Official Code §§ 8-1531 et seq. (2015 Supp.)), and Mayor’s Order 2015-069, dated February 4, 2015.

source

Final Rulemaking published at 62 DCR 16315 (December 25, 2015).