D.C. Mun. Regs. tit. 20, r. 20-4306

Current through Register Vol. 71, No. 36, September 6, 2024
Rule 20-4306 - NOTICE OF MODIFICATION, SUSPENSION, OR REVOCATION OF PERMIT
4306.1

An action for modification, suspension, proposed revocation, or revocation of a Department-issued RCRA permit shall be conducted pursuant to the procedures in 40 CFR Part 270, Subpart D, subject to modification in § 4270 of chapter 42 of this title.

4306.2

Except as provided in § 4306.1 of this chapter, an action pursuant to §§ 4 or 10 of the District of Columbia Hazardous Waste Management Act of 1977, D.C. Official Code §§ 8-1303 or 8-1309, to modify, suspend, or revoke a permit issued pursuant to the Act or the regulations adopted pursuant to the Act, shall be initiated by a written notice of proposed modification, suspension, proposed revocation, or revocation in accordance with this section.

4306.3

The notice of proposed permit modification, suspension, or revocation shall be in writing, and shall include the following:

(a) The action that is being taken;
(b) The basis for the action; and
(c) The right of the permittee to request a hearing.
4306.4

The Department may issue a notice of proposed modification of a permit or approval issued pursuant to the District of Columbia Hazardous Waste Management Act of 1978 when necessary to achieve the purposes of the Act, as stated in § 2 of the Act, D.C. Official Code § 8-1301; to protect the public health, safety, or welfare or the environment; or to correct an error in the terms and conditions of the permit.

4306.5

The Department may issue a notice of suspension of a permit or approval if the holder is in violation of the District of Columbia Hazardous Waste Management Act of 1977 or the regulations in chapters 42 or 43 of this title.

4306.6

An action shall become effective and final, unless the license holder, certificate holder, or permittee requests a hearing under § 4307 of this chapter no later than fifteen (15) calendar days after the action is served, or no later than twenty (20) calendar days after the date of the action if served by mail.

4306.7

The Department may issue a notice of revocation of a permit or approval issued pursuant to the District of Columbia Hazardous Waste Management Act of 1977 or the regulations in chapters 42 and 43 of this title when the holder of the permit or approval has a history of repeated violations of the Act or the regulations. Except as provided in § 4306.8 of this chapter, the revocation shall take effect fifteen (15) calendar days after service of the notice, unless the holder of the permit or approval requests a hearing within fifteen (15) calendar days of service of the notice.

4306.8

The Department may immediately revoke a permit or approval issued pursuant to the District of Columbia Hazardous Waste Management Act of 1977 or the regulations in chapters 42 and 43 of this title upon an initial violation of the Act or the regulations, when the violation presents an imminent and substantial endangerment to the public health, safety, or welfare or the environment.

4306.9

In the case of an immediate permit revocation, the respondent may request a hearing within fifteen (15) calendar days of service of the notice of revocation; however, the revocation shall take effect when served.

4306.10

The Department shall serve a notice of permit modification, suspension, proposed revocation, or revocation in the same manner as an administrative order pursuant to § 4305.5 of this chapter.

D.C. Mun. Regs. tit. 20, r. 20-4306

Final Rulemaking published at 52 DCR 9653 (October 28, 2005); amended by Final Rulemaking published at 70 DCR 703 (1/20/2023)