D.C. Mun. Regs. tit. 20, r. 20-4305

Current through Register Vol. 71, No. 44, November 1, 2024

Rule 20-4305 - ADMINISTRATIVE ORDER

4305.1

If the Department has reason to believe that there has been a violation of the Hazardous Waste Management Act of 1977 or the Hazardous Waste Management Regulations that pose a threat to human health or the environment, or there has been a release of a hazardous waste into the environment, the Department may issue an administrative order to the person responsible and order the person to monitor, test, or take corrective measures that the Department considers reasonable and necessary.

4305.2

The order shall be in writing and shall:

(a) Include a statement of the nature of the violation or threatened violation;

(b) Explain that the person has a right to a hearing;

(c) Allow a reasonable time for compliance with the order, consistent with the likelihood of harm and the need to protect health, safety, life, property, and the environment; and

(d) State any penalties for failure to comply with the order.

4305.3

An order may be served on a person or the person's authorized agent by one or more of the methods listed in § 4305.5 of this chapter, or if there is an immediate threat to human health or the environment by:

(a) Telephone or e-mail, followed by service by another method listed in § 4305.5; or

(b) If the owner, operator, or responsible party cannot be located, conspicuous posting on the property.

4305.4

An order shall become effective and final, unless the person or persons named in the order requests a hearing under § 4307 of this chapter no later than fifteen (15) calendar days after the order is served or no later than twenty (20) calendar days after the date of the order if served by mail.

4305.5

The Department shall serve an order on a person or the person's authorized agent by one or more of the following methods:

(a) Personal service;

(b) Delivery to the last known home or business address and leaving it with a person over the age of eighteen (18) residing or employed there; or

(c) United States Postal Service mail, first class and postage prepaid, to the last known home or business address. A courtesy copy may be sent via email or fax.

4305.6

The Department may issue an immediate order to require a person to correct a situation that immediately threatens health or the environment, or to restrain any person from engaging in any unauthorized activity that immediately endangers or causes damage to public health or the environment.

4305.7

An immediate order is effective upon issuance and is final unless the person named in the order requests a hearing under § 4307 of this chapter within seventy-two (72) hours after the order is served.

D.C. Mun. Regs. tit. 20, r. 20-4305

Final Rulemaking published at 52 DCR 9653 (October 28, 2005); amended by Final Rulemaking published at 70 DCR 703 (1/20/2023)