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Current through October 23, 2012
(a)(1) Whenever the Mayor has reason to believe that there has been a violation of this chapter, the rules promulgated pursuant to this chapter, a threat to human health or the environment, or a release of hazardous waste into the environment, the Mayor may give written notice of the alleged violation, threat, or release to the person responsible and order the person to monitor, test, or take corrective measures that the Mayor considers reasonable and necessary.
(2) The notice shall state the nature of the violation, threat, or release and allow a reasonable time for the performance of the necessary corrective measures.
(A) If a person fails to comply with the notice within the time period stated in the notice, the Mayor shall take corrective action necessary to alleviate or terminate the violation, threat, or release to protect human health or the environment.
(B) The Mayor may recover the costs of corrective action incurred by the District of Columbia government from any person responsible by requesting the Corporation Counsel to commence appropriate civil action in the Superior Court of the District of Columbia.
(b)(1) Any person who violates this chapter or the rules shall be liable for a civil penalty in an amount not to exceed $25,000 for each violation.
(2) For any violation, each day of the violation shall constitute a separate offense and the penalties prescribed shall apply separately to each offense.
(c)(1) Any person who knowingly violates this chapter or the rules shall be punished by a fine not to exceed $25,000 or imprisonment not to exceed 1 year, or both.
(2) For any violation, each day of the violation shall constitute a separate offense and the penalties prescribed shall apply separately to each offense.
(3) Prosecutions for violations of this subsection shall be brought by the Corporation Counsel.
(d) Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this chapter, or any rules or regulations issued under the authority of this chapter, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this chapter shall be pursuant to Chapter 18 of Title 2.
(Mar. 16, 1978, D.C. Law 2-64, § 12, 24 DCR 6289; Aug. 10, 1984, D.C. Law 5-103, § 2(h), 31 DCR 3032; Oct. 5, 1985, D.C. Law 6-42, § 418, 32 DCR 4450; Oct. 18, 1989, D.C. Law 8-37, § 2(f), 36 DCR 5748.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 6-711.
1973 Ed., § 6-531.
Legislative History of Laws
For legislative history of D.C. Law 2-64, see Historical and Statutory Notes following § 8-1301.
For legislative history of D.C. Law 5-103, see Historical and Statutory Notes following § 8-1301.
Law 6-42, the "Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985," was introduced in Council and assigned Bill No. 6-187, which was referred to the Committee on Consumer and Regulatory Affairs. The Bill was adopted on first and second readings on June 25, 1985, and July 9, 1985, respectively. Signed by the Mayor on July 16, 1985, it was assigned Act No. 6- 60 and transmitted to both Houses of Congress for its review.
For legislative history of D.C. Law 8-37, see Historical and Statutory Notes following § 8-1313.
