D.C. Mun. Regs. tit. 20, r. 20-6602

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

Rule 20-6602 - ADMINISTRATIVE ORDER

6602.1

If the Department believes or has reason to believe that there si a violation or threatened violation of the Act or the UST Regulations, the Department may issue a written notice of the violation or threatened violation to the owner, operator, or any other responsible party deemed appropriate by the Department and may require the person to take corrective measures that the Department considers reasonable and necessary.

6602.2

If a person fails to comply with the notice of violation issued pursuant to § 6602.1 within the time stated in the notice, the Department may issue a proposed administrative order, which may be a compliance order, cease and desist order, or both.

6602.3

The proposed order shall be in writing and:

(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;

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

6602.4

A proposed order may be served on a person or the person's authorized agent by one or more of the methods listed in § 6601.3, 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 § 6601.3; or

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

6602.5

A proposed order shall become effective and final, unless the person or persons named in the order requests a hearing under § 6604 no later than fifteen (15) days after the order is served or no later than twenty (20) days after the date of the order if served by mail.

6602.6

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.

6602.7

The Department may issue an immediate order prohibiting the delivery of regulated substances or other use of an UST system in situations that threaten health or the environment including, but not limited to, the following:

(a) An accumulation of toxic, flammable, or explosive vapors in a structure, sewer, or excavation;

(b) Free floating product on surface or ground water;

(c) Potential for migration of a release to surface waters or other sensitive environmental receptors;

(d) An open pit or excavation that is not secured properly during or left in place after corrective action;

(e) Anything which may cause potential exposure of humans, plants, or animals to hazardous substances;

(f) Missing or inoperable required spill or overfill prevention, release detection, or corrosion protection equipment; or

(g) Failure to register an UST system.

6602.8

An immediate order is effective upon issuance and is final unless the person named in the order requests a hearing under § 6604 within seventy-two (72) hours after the order is served.

D.C. Mun. Regs. tit. 20, r. 20-6602

Final Rulemaking published at 40 DCR 7835, 7916 (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)