D.C. Mun. Regs. r. 21-1833

Current through Register Vol. 71, No. 24, June 14, 2024
Rule 21-1833 - ENFORCEMENT AND PENALTIES
1833.1

The Department may issue an order requiring compliance with this chapter or elimination of any violation.

1833.2

The Department may order a well owner to abandon a well in accordance with §§ 1830 and 1831 if the Department determines that any of the following conditions apply:

(a) The well poses a hazard to public health and safety or the environment; or
(b) The well is not constructed in accordance with the standards of this chapter.
1833.3

No person shall continue any work related to the construction, maintenance, or abandonment of a well for which a stop work order has been served, except such work as the person has been directed by the Department to perform to correct a violation.

1833.4

Each instance or day of a violation of each provision of this chapter shall be a separate violation.

1833.5

The Department may seek criminal prosecution if a person violates a provision of this chapter, pursuant to the Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code § 8-103.16 ).

1833.6

The Department may bring a civil action in the Superior Court of the District of Columbia, or any other court of competent jurisdiction, for civil penalties, damages, and injunctive or other appropriate relief, pursuant to the Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code §§ 8-103.17 and 8-103.18 ).

1833.7

As an alternative to a civil action, the Department may impose an administrative civil fine, penalty, and order for costs and expenses 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 et seq.).

1833.8

When civil infraction fines are the only penalties pursued in a particular case, 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 §§ 2-1801.01 et seq.) and the regulations adopted thereunder shall govern the proceedings in lieu of this chapter, and where there is a violation, a notice of infraction may be issued without first issuing a notice of violation or threatened violation.

1833.9

Except when otherwise provided by statute, a person violating a provision of this chapter shall be fined according to the schedule set forth in Title 16 (Consumers, Commercial Practices, and Civil Infractions) of the District of Columbia Municipal Regulations.

1833.10

Neither a criminal prosecution nor the imposition of a civil fine or penalty shall preclude an administrative or judicial civil action for injunctive relief or damages, including an action to prevent unlawful construction or to restrain, correct, or abate a violation on or about any premises, or to recover costs, fees, or money damages, except that a person shall not, for the same violation of this chapter, be assessed a civil fine and penalty through both the judicial and the administrative processes.

D.C. Mun. Regs. r. 21-1833

Final Rulemaking published at 63 DCR 13424 (10/28/2016)