D.C. Mun. Regs. tit. 20, r. 20-6600

Current through Register Vol. 72, No. 2, January 10, 2025

Rule 20-6600 - ENFORCEMENT AUTHORITY

6600.1

The Department may take one or more of the following administrative actions:

(a) Issue an administrative civil fine, penalty, or fee under § 6600.5;

(b) Issue a directive under § 6601;

(c) Issue an administrative order under § 6602; and

(d) Deny, suspend, revoke, or restrict a license or certificate under § 6603.

6600.2

If a person fails to comply with a notice of violation or threatened violation issued under § 6602.1 within the time stated in the notice, the Department may initiate a civil action in the Superior Court of the District of Columbia, pursuant to the approval and supervision of the Attorney General of the District of Columbia, for injunctive relief, damages, civil penalties, or recovery of any corrective action costs necessary to promptly and effectively terminate the violation or threatened violation and protect life, property, or the environment.

6600.3

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, the Department may initiate a civil action in the Superior Court of the District of Columbia and seek a temporary restraining order in lieu of issuing an administrative order, pursuant to the approval and supervision of the Attorney General of the District of Columbia.

6600.4

The District may bring a civil action in the Superior Court of the District of Columbia, or in any other court of competent jurisdiction, for recovery of corrective action costs in accordance with § 6400.

6600.5

As an alternative to a civil judicial action, the Department may impose an administrative civil fine, penalty, or fee 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 §§ 2-1801.01et seq.).

6600.6

Except when otherwise provided by statute, a person violating a provision of this chapter shall be fined according to the schedules in Chapters 32 (Civil Infractions: Schedule of Fines) and 40 (Department of the Environment Infractions) of Title 16 (Consumers, Commercial Practices, and Civil Infractions) of the District of Columbia Municipal Regulations.

6600.7

The imposition of a civil fine or penalty does not preclude the Department from initiating an administrative or judicial civil action seeking injunctive relief, damages, or costs except that a person shall not, for the same violation of this chapter, be assessed both a judicial civil fine and an administrative fine.

D.C. Mun. Regs. tit. 20, r. 20-6600

Final Rulemaking published at 40 DCR 7835, 7914 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); amended by Final Rulemaking published at 67 DCR 1778 (2/21/2020)

AUTHORITY: Unless otherwise noted, the authority for this chapter is § 13 of the District of Columbia Underground Storage Tank Management Act of 1990, as amended, D.C. Law 8-242, D.C. Code § 6-995.1 et seq. (1995 Repl. Vol.), Mayor's Order 91-160 dated October 9, 1991; and the District of Columbia Water Pollution Control Act of 1984, D.C. Law 5-188, D.C. Code 6-921 (1995 Repl. Vol.), Mayor's Order 85-152 dated September 12, 1985.