Section 21-739. CESSATION OF OPERATIONS  


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    739.1A solid waste facility shall immediately cease operation without additional notice if:

     

    (a)It is an existing solid waste facility operating under an interim operating permit which has been notified by the Director that its application for a solid waste facility permit has been denied;

     

    (b)The Director revokes or suspends the facility's interim operating permit or solid waste facility permit:

     

    (c)The facility does not have a solid waste facility permit or an interim operating permit; and

     

    (d)The facility's solid waste permit has expired.

     

    739.2The owner or operator of a solid waste facility which voluntarily and permanently ceases operations shall notify the Director in writing five (5) days prior to the closing. Failure to notify the Director shall constitute abandonment of the facility.

     

    739.3The owner or operator of a solid waste facility which permanently ceases operations, whether voluntarily or involuntarily, shall remove all solid waste from the facility within twenty-four (24) hours following the closing. The facility shall also be thoroughly cleaned, including floors, walls, and all equipment used to handle solid waste.

     

    739.4In the event that the owner or operator of a solid waste facility fails to act in accordance with § 739.3, the Director may issue a written notice directing compliance.

     

    739.5If the owner or operator fails to comply with the written notice issued pursuant to § 739.4 within the time period stated in the notice, the Director may remove the solid waste from the facility, clean the facility, and take any other corrective actions as are necessary to safeguard human health, the public welfare, or the environment.

     

    739.6The Director may assess a penalty against the person or persons named in the written notice issued pursuant to § 739.4 equal to triple the costs of undertaking the actions undertaken pursuant to § 739.5. The costs and penalties may be recouped by the District from the facility's environmental mitigation bond, or by a lien against the real property and or equipment or any other method available under the law.

     

authority

The Solid Waste Facility Permit Act of 1995, effective February 22, 1996 (D.C. Law 11-94; D.C. Official Code §§ 6-3451 et seq.).

source

Final Rulemaking published at 43 DCR 6816, 6834 (December 20, 1996).