D.C. Mun. Regs. tit. 20, r. 20-4303

Current through Register Vol. 71, No. 36, September 6, 2024

Rule 20-4303 - ENTRIES FOR CORRECTIVE ACTION

4303.1

In the event of a spill or release of hazardous waste, used oil, or regulated medical waste, or an alleged violation of the laws and rules listed in § 4300 of this chapter, the Department may, under the following circumstances, enter upon any place or vehicle to perform, or cause to be performed, any corrective action necessary to protect human health or the environment:

(a) In a situation that requires immediate action by the Department to protect human health or the environment;

(b) When the person responsible for the spill, release, or alleged violation has failed or refused to comply with an administrative or court order requiring corrective action; or

(c) As authorized under section 3 of the Illegal Dumping Enforcement Act, D.C. Official Code § 8-902(f) and (h), when a person has failed to abate a nuisance resulting from violation of the Illegal Dumping Enforcement Act.

4303.2

Except as provided in § 4303.4 of this chapter, the Department shall provide written notice of the Department's intent to enter the premises or vehicle to take corrective action to the owner or operator at least seven (7) calendar days before commencing work and shall serve the notice personally or by certified mail, or when personal service cannot be accomplished, by publication or posting.

4303.3

Except as provided in § 4303.4 of this chapter, when the owner or operator is a domestic corporation, any notice to be served pursuant to this section, if served upon the president, treasurer, any other principal officer, general manager, site manager, or registered agent of the corporation in the manner specified in § 4303.2 of this chapter, shall be deemed to have been served upon the corporation.

If the owner or operator is a foreign corporation, service upon the registered agent of the corporation shall be deemed service upon the corporation.

4303.4

When a spill or release of hazardous waste, used oil, or regulated medical waste, or an alleged violation of the laws and rules listed in § 4300 of this chapter, creates an imminent threat to human health or the environment necessitating corrective action, and the emergency nature of the situation makes it impractical to give prior notice as specified in §§ 4303.2 and 4303.3 of this chapter, the Department may provide notice by conspicuously posting the notice on the property at the earliest time feasible before commencing work and sending a copy to the last known address via certified mail.

4303.5

The written notice of intent to begin corrective action shall contain the following information:

(a) The name and address of the owner or operator of the premises or vehicle;

(b) The name and address of the person to whom the notice is directed;

(c) A statement of the authority under which the Department is taking corrective action;

(d) A description of the location where the work will take place;

(e) A brief summary of the corrective actions to be taken, and the conditions that require corrective action;

(f) Any applicable hearing rights, if notice of such rights has not already been served;

(g) The name, position, office address, telephone number, and e-mail address of the Department employee issuing the notice, and the name and telephone number of the appropriate contact individual within the Department; and

(h) The signature of a Department official.

D.C. Mun. Regs. tit. 20, r. 20-4303

Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 54 DCR 5586 (June 8, 2007); amended by Final Rulemaking published at 70 DCR 703 (1/20/2023)