D.C. Mun. Regs. r. 20-106

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

Rule 20-106 - CONFIDENTIALITY OF REPORTS

106.1

The Department may enforce a violation of the air quality laws or regulations by issuing one or more of the following:

(a) Administrative order, notice of violation, or cease and desist order;

(b) Notice of infraction;

(c) Civil or criminal judicial enforcement action;

(d) Notice of modification, suspension, revocation, or denial of a permit in accordance with 20 DCMR §§ 202 and 303; or

(e) Any other order or compliance document necessary to protect human health or the environment, or to implement or enforce t he air quality laws and regulations.

106.2

Each notice shall identify the violation and, if applicable :

(a) In the case of a notice of infraction, include an assessment of a fine for each violation being cited; and

(b) In the case of a notice of infraction or notice of permit modification, suspension, revocation, or denial, state the procedure for requesting a hearing to appeal the notice.

106.3

If the Department determines that a hazardous condition exists that may endanger the public health or safety of the citizens or environment within the District of Columbia due to noncompliance with federal or District air quality laws or regulations, the Department may issue a cease and desist order, which requires a violator to cease operations and implement corrective actions immediately to contain the hazardous condition. The order shall:

(a) Describe the nature of the violation;

(b) Take effect at the time and on the date signed;

(c) Identify the corrective actions to be taken or actions that must be immediately suspended; and

(d) State the procedure for requesting a hearing to appeal the order.

106.4

If the Department determines that there has been a violation of federal or District air quality laws or regulations, the Department may issue an administrative order, which requires a violator to take action to come into compliance. The order shall:

(a) Describe the nature of t he violation;

(b) Take effect at the time and on the date signed;

(c) Identify the corrective actions to be taken or actions that must be immediately suspended; and

(d) State the procedure for requesting a hearing to appeal the order.

D.C. Mun. Regs. r. 20-106

Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, §106, 32 DCR 562, 571 (February 1, 1985); Amended by Final Rulemaking published at 67 DCR 6758 (6/5/2020)