D.C. Mun. Regs. r. 21-504

Current through Register Vol. 71, No. 24, June 14, 2024

Rule 21-504 - STOP WORK ORDERS

504.1

Upon notice from the Department that it has determined that one (1) or more of the following conditions exists, a person shall stop identified work immediately until the situation is corrected:

(a) Noncompliance with a notice that requires corrective action;

(b) Material false statement or misrepresentation of fact in an application that the Department approved for the project;

(c) During the project, the license of a contractor or subcontractor is void, has expired, or has been suspended or revoked;

(d) Work involving an activity regulated under this chapter is being conducted:

(1) In violation of a provision of this chapter;

(2) In an unsafe manner; or

(3) In a manner that poses a threat to the public health or the environment.

504.2

A stop work order shall:

(a) Have immediate effect;

(a) Be issued in writing; and

(c) Be provided to:

(1) The person who has received an approval under this chapter;

(2) The person doing the work; or

(3) The person on site who is responsible for the work.

504.3

The stop work order shall identify the:

(a) Address and location of the work;

(b) Corrective action or cessation required;

(c) Time period required to complete corrective action;

(d) Reason for the order;

(e) Person issuing the order, including telephone contact, and, if available, email or other electronic means of address; and

(f) Steps to be taken to challenge or appeal the order.

504.4

The Department shall:

(a) Post the stop work order at the property; and

(b) Send the stop work order in a manner likely to insure receipt, including first class mail, fax with return receipt, email with return read receipt, or hand-delivery with certification of service.

504.5

No person shall remove a stop work order posted at a site without the Department's written approval.

504.6

A person who continues work stopped by an order shall be in violation of this chapter for each day on which work is conducted, except for work:

(a) Required immediately to stabilize the activity and place the property in a safe and secure condition;

(b) That the Department orders; or

(c) Required immediately to eliminate an unsafe condition or threat to the public health or the environment.

D.C. Mun. Regs. r. 21-504

Section 2 of the Soil Erosion and Sedimentation Control Act of 1977 (D.C. Law 2-23; 24 DCR 792 (July 22, 1977)), 8 DCRR § 8 -2:804, Health Regulations (1965 Edition); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013)

Authority: Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985, as amended (D.C. Law 6-42; D.C. Official Code §§ 2-1801.01 et seq. (2007 Repl. & 2012 Supp.)); District Department of the Environment Establishment Act of 2005, §§ 101 et seq., effective February 15, 2006, as amended (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq. (2008 Repl. & 2012 Supp.)); National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Act of 2008, effective March 26, 2008 (D.C. Law 17-138; 55 DCR 1689), as amended by the Anacostia Waterfront Environmental Standards Amendment Act of 2012, effective October 23, 2012 (D.C. Law 19-192; D.C. Official Code §§ 2-1226.31 et seq.) (2012 Supp.)); The Soil Erosion and Sedimentation Control Act of 1977, effective September 28, 1977 (D.C. Law 2-23; 24 DCR 792), as amended by the Soil Erosion and Sedimentation Control Amendment Act of 1994, effective August 26, 1994, (D.C. Law 10-166; 41 DCR 4892; 21 DCMR §§ 500 -15); Uniform Environmental Covenants Act of 2005, effective May 12, 2006, as amended (D.C. Law 16-95; D.C. Official Code §§ 8-671.01 et seq. (2008 Repl.)); Water Pollution Control Act of 1984, effective March 16, 1985, as amended (D.C. Law 5-188; D.C. Official Code §§ 8-103.01 et seq. (2008 Repl. & 2012 Supp.)); and Mayor's Order 2006-61, dated June 14, 2006, and its delegations of authority.