D.C. Mun. Regs. tit. 20, § 3516
Performance Benchmarking Penalties and Enforcement
Effective Oct 22, 202168 DCR 011077Authority: District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.01 et seq. (2013 Repl. & 2019 Supp.)); Section 4 of the Green Building Act of 2006 (GBA), effective March 8, 2007 (D.C. Law 16-234; D.C. Official Code § 6-1451.03 (2012 Repl. & 2019 Supp.)), as amended by Section 302 of the CleanEnergy DC Omnibus Amendment Act of 2018 (CEDC Act), effective March 22, 2019 (D.C. Law 22-257; 66 DCR 3973 (April 5, 2019)); Mayor’s Order 2010-1, dated January 5, 2010. Source: Final Rulemaking 68 DCR 011077 (October 22, 2021).District of Columbia, Office of the Secretary
3516.1 Any of the following shall be a violation of D.C. Official Code § 6-1451.03(c)(2)(D):
- (a) § 3514.1(h) (failure to submit a District Benchmark Results and Compliance Report to DOEE by April 1 for the preceding calendar year)
- (b) § 3514.1(d) (failure to submit accurate and complete benchmarking information in a District Benchmark Results and Compliance Report);
- (c) § 3514.1(g) (failure to provide third-party verification information as required by § 3515)
- (d) § 3514.3(b) (failure of a former building owner to submit complete and accurate benchmarking information to the building owner);
- (e) § 3514.3(e) (failure to update or correct information for a submitted District Benchmark Results and Compliance Report within thirty (30) days of receiving the new information); or
- (f) § 3514.5 (failure of a non-residential tenant to submit complete and accurate benchmarking information to the building owner within thirty (30) days of a written request from the building owner).
3516.2 A building owner or non-residential tenant who fails to submit benchmarking information as specified in § 3516.1 shall be assessed a penalty by DOEE of not more than one hundred dollars ($100) for each calendar day the required submission has not been made.
3516.3 DOEE may enforce the requirements of this section by issuing one or more of the following:
- (a) Notice of violation; or
- (b) Notice of infraction.
3516.4 DOEE may issue a notice of infraction without first issuing a notice of violation.
3516.5 A building owner, former building owner, or a non-residential tenant who receives a notice of infraction may request a hearing or adjudication pursuant to the Office of Administrative Hearings Establishment Act of 2001 (D.C. Official Code § 2-1831.01 et seq.) and the Office of Administrative Hearings rules (1 DCMR § 2800
et seq).
- 6 A building owner, former building owner, or a non-residential tenant may appeal to the District of Columbia Court of Appeals only after exhausting all administrative remedies.
SOURCE: Final Rulemaking 68 DCR 011077 (October 22, 2021).