D.C. Mun. Regs. tit. 20, r. 20-4314

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

Rule 20-4314 - COST RECOVERY PROCEDURES

4314.1

Except as provided in § 4314.6, if the District of Columbia has incurred costs for taking response or corrective action under § 12 of the District of Columbia Hazardous Waste Management Act of 1977, effective March 16, 1978 (D.C. Law2-64; D.C. Official Code § 8-1311(a)(2)(B) (2001)), the Director shall issue a demand letter to the responsible person, requesting payment in the amount of all costs and related expenses incurred by the District of Columbia Government, including any applicable interest. The demand letter shall be issued after completion of the response or corrective action and before bringing a civil action in the Superior Court for the District of Columbia for the recovery of costs. The Director may also issue interim demand letters before completion of the response or corrective action.

4314.2

The demand letter shall include the following information:

(a) The total amount due;

(b) An itemization of costs and related expenses included in the total amount due;

(c) The interest rate and any accrued interest;

(d) A statement of the date by which payment must be received; and

(e) Notice that if the responsible person fails to pay within the prescribed time period:

(1) Judicial action may be instituted;

(2) A tax lien on all property belonging to the responsible person, whether real or personal, may be issued; and

(3) The responsible person shall be liable for the attorney's fees and costs of the legal action, and interest on the amount due.

4314.3

The Director shall mail the demand letter to the responsible person, postage prepaid, at the responsible person's last known address.

4314.4

Thirty (30) days after the demand letter has been postmarked, the Director may take the following actions:

(a) Institute judicial action; or

(b) Take any other appropriate collection measures.

4314.5

The Director may settle claims for cost recovery and, in doing so, may settle a claim, if appropriate, based upon consideration of such factors as the cost of the response or corrective action, the likelihood of recovery, the solvency of the responsible person, the costs of judicial action, and pollution prevention measures undertaken by the responsible person.

4314.6

When the Director pursues cost recovery pursuant to § 3 of the Illegal Dumping Enforcement Act, D.C. Official Code § 8-902(f), the Director shall adhere to the procedures of § 8 -902 and §§ 7 and 8 of the Litter Control Administrative Act of 1985, effective March 25, 1986, as amended (D.C. Law 6-100; D.C. Official Code §§ 8-806 and 8-807 (2001)), and the applicable provisions of 24 DCMR chapter 13, to the extent they are not inconsistent with the Illegal Dumping Enforcement Act, as follows:

(a) The Director shall require the responsible person to pay three (3) times the cost and expense incurred by the District of Columbia for abating the nuisance, preventing recurrence of the violation, cleaning and clearing the site where the unlawful disposal occurred, and for properly disposing of the waste;

(b) The Director shall also require the payment of interest on any outstanding sums due under paragraph (a) of this subsection, as well as reimbursement for private collection services, when used; and

(c) When the Director is seeking criminal or civil penalties in court pursuant to § 3 of the Illegal Dumping Enforcement Act, D.C. Official Code § 8-902(b)(3), (b)(4), and (c), the Director may also request the court to order the payment of the costs and expenses identified in paragraphs (a) and (b) of this subsection, in lieu of proceeding administratively under the Litter Control Administrative Act to recover those costs and expenses.

D.C. Mun. Regs. tit. 20, r. 20-4314

Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as amended by Final Rulemaking published at 54 DCR 5586 (June 8, 2007)