D.C. Mun. Regs. r. 20-105

Current through Register Vol. 71, No. 25, June 21, 2024

Rule 20-105 - PENALTY

105.1

In the event of any violation of, or failure to comply with, the air quality laws or regulations, every day of the violation or failure shall constitute a separate offense, and the penalties described in this section shall be applicable to each separate offense.

105.2

A person who violates the air quality laws or regulations is civilly liable and shall be subject to fines not more than thirty-seven thousand five hundred dollars ($37,500) per violation per day.

105.3

A person who knowingly or willfully violates the air quality laws or regulations is guilty of a criminal misdemeanor and, upon conviction, shall be subject to a fine not to exceed twenty-five thousand dollars ($25,000), imprisonment not to exceed one (1) year, or both.

105.4

A person who knowingly makes a false statement in an application, record, report, plan, or other document submitted or maintained under this act shall be guilty of a misdemeanor and subject to a fine not to exceed ten thousand dollars ($10,000), imprisonment not to exceed six (6) months, or both.

105.5

In the alternative to civil fines, the Department may impose an administrative fine, penalty, or cost pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985, as amended (D.C. Law 6-42; D.C. Official Code §§ 2-1801et seq.) and its implementing regulations.

105.6

In addition to or in lieu of the civil, criminal, and administrative penalties in this section, the Attorney General for the District of Columbia may commence appropriate civil action in the Superior Court of the District of Columbia or any other court of competent jurisdiction for damages, cost recovery, and injunctive or other appropriate relief to enforce compliance with the air quality laws and regulations.

D.C. Mun. Regs. r. 20-105

Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, § 105, 32 DCR 562, 568 (February 1, 1985), as amended by §485(a) of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 Technical and Clarifying Amendments Act of 1980, D.C. Law 8-237, 38 DCR 314, 318 (January 11, 1991); and by Final Rulemaking published at 40 DCR 8105 (November 19, 1993); Final Rulemaking published at 47 DCR 8638 (October 27, 2000); Final Rulemaking published at 47 DCR 9686 (December 8, 2000); Amended by Final Rulemaking published at 67 DCR 6758 (6/5/2020)