(a) If the Mayor believes or has reason to believe that there is a violation or a threatened violation of this subchapter or the rules issued pursuant to this subchapter, the Mayor may give written notice of the violation or threatened violation to the owner, operator, or any other responsible party deemed appropriate by the Mayor, and may require the person to take the corrective measures the Mayor considers reasonable and necessary.
(1) Repealed.
(b) If a person fails to comply with a notice of violation issued pursuant to subsection (a) of this section within the time stated in the notice, the Mayor may issue a proposed compliance order, or a proposed cease and desist order, or may institute a court action for injunctive relief, damages, civil penalties, or recovery of any corrective action costs, necessary to promptly and effectively terminate the violation or threatened violation and protect life, property, or the environment.
(1) A proposed compliance order or proposed cease and desist order issued under this section shall include a statement of the nature of the violation, afford the right to a hearing, and allow a reasonable time for compliance with the order, consistent with the likelihood of harm and the need to protect health, safety, life, property, and the environment, and shall state any penalties to be assessed for failure to comply with the order.
(2) A proposed order issued under this section shall become effective and final unless the person or persons named therein request a hearing no later than 15 days after the order is served. If requested, the public hearing shall be conducted in compliance with the requirements of § 2-509.
(c)(1) The Mayor may issue an immediate compliance order, or an immediate cease and desist order, or may seek a temporary restraining order, without first issuing a notice of violation or threatened violation pursuant to subsection (a) of this section and without first providing reasonable notice and an opportunity to be heard pursuant to subsection (b) of this section, in order to require a person to correct a situation which immediately threatens public health or the environment or to restrain any person from engaging in any unauthorized activity that immediately endangers or causes damage to public health or the environment.
(2) A compliance order or cease and desist order issued under this section shall be effective upon issuance and shall become final unless the person named in the order requests a public hearing within 72 hours after the order is served. If requested, the Mayor shall hold a hearing within 15 days from the date the hearing request is received and shall issue a decision no later than 15 days after the hearing. The hearing shall be conducted in compliance with § 2-509.
(d) Any person who fails to comply with a final compliance order or a final cease and desist order issued pursuant to this section shall be liable for a civil penalty of not more than $25,000 for each day of noncompliance.
(e) Any person who knowingly fails to notify or submits false information pursuant to § 8-113.02(a) through (f) shall be subject to a civil penalty not to exceed $10,000 for each violation.
(f) Any person who fails to comply with any applicable rules issued pursuant to § 8-113.12 or with the requirements of § 8-113.04 shall be subject to a civil penalty not to exceed $10,000 for each tank for each day of violation.
(g) A civil fine, penalty, or fee may be imposed as an alternative sanction for any infraction of the provisions of this subchapter or the rules issued in accordance with this subchapter, pursuant to Chapter 18 of Title 2. Adjudication of any infraction shall be pursuant to Chapter 18 of Title 2.
(h) Any action under this section shall be in the Superior Court of the District of Columbia in the name of the District of Columbia, and shall be instituted by the Office of the Corporation Counsel.
(i) In any action brought for civil penalties, damage, or equitable relief under this subchapter, the statute of limitations shall not begin to toll until the injury is discovered or, with reasonable diligence, should have been discovered.
(j) The Mayor may cause to be entered any final order requiring a party to take corrective action or to pay fines, penalties, or costs as a judgment against the party in the Superior Court of the District of Columbia. The Mayor may enforce the judgment in the same manner as any other civil judgment may be enforced under District law.
(k) Any person adversely affected or aggrieved by a final order issued pursuant to this section may appeal to the District of Columbia Court of Appeals.
CREDIT(S)
(Mar. 8, 1991, D.C. Law 8-242, § 10, 38 DCR 344; Sept. 29, 1992, D.C. Law 9-159, § 2(g), 39 DCR 5690; Apr. 18, 1996, D.C. Law 11-110, § 12, 43 DCR 530; Apr. 20, 1999, D.C. Law 12-264, § 17, 46 DCR 2118.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-995.9.
Legislative History of Laws
For legislative history of D.C. Law 8-242, see Historical and Statutory Notes following § 8-113.01.
For legislative history of D.C. Law 9-159, see Historical and Statutory Notes following § 8-113.01.
Law 11-110, the “Technical Amendments Act of 1996,” was introduced in Council and assigned Bill No. 11-485, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on December 5, 1995, and January 4, 1996, respectively. Signed by the Mayor on January 26, 1996, it was assigned Act No. 11-199 and transmitted to both Houses of Congress for its review. D.C. Law 11-110 became effective on April 18, 1996.
Law 12-264, the “Technical Amendments Act of 1998,” was introduced in Council and assigned Bill No. 12-804, which was referred to the Committee of the Whole. The Bill was adopted on first and second readings on November 10, 1998, and December 1, 1998, respectively. Signed by the Mayor on January 7, 1999, it was assigned Act No. 12-626 and transmitted to both Houses of Congress for its review. D.C. Law 12-264 became effective on April 20, 1999.
Delegation of Authority
Delegation of Authority under the Underground Storage Tank Management Act of 1990, see Mayor's Order 2007-112, May 3, 2007 (54 DCR 9041).