4303 ENTRIES FOR RESPONSE OR CORRECTIVE ACTION

4303.1 In the event of a spill or release of hazardous waste, used oil, or regulated medical waste, or an alleged violation of the laws and rules listed in § 4300, the Director may, under the following circumstances, enter upon any place or vehicle to perform, or cause to be performed, any response or corrective action necessary to protect human health or the environment:

1. (a) In a situation that requires immediate action by the Director to protect human health or the environment;
2. (b) Where the person responsible for the spill, release, or alleged violation has failed or refused to comply with an administrative or court order requiring response or corrective action; or
3. (c) As authorized under § 3 of the Illegal Dumping Enforcement Act, effective May 20, 1994, as amended (D.C. Law 10-117; D.C. Official Code § 8-902(f) and (h) (2001)), where a person has failed to abate a nuisance resulting from violation of the Illegal Dumping Enforcement Act.

4303.2 Except as provided in § 4303.4, the Director shall provide written notice of the Director's intent to enter the premises or vehicle to take response or corrective action to the owner or operator at least seven (7) days before commencing work, and shall serve the notice personally or by certified mail, or where personal service cannot be accomplished, by publication or posting.

4303.3 Except as provided in § 4303.4, when the owner or operator is a domestic corporation, any notice to be served pursuant to this section, if served upon the president, treasurer, any other principal officer, general manager, or registered agent of the corporation in the manner specified in § 4303.2, shall be deemed to have been served upon the corporation. If the owner or operator is a foreign corporation, service upon the registered agent of the corporation shall be deemed service upon the corporation.

4303.4 When a spill or release of hazardous waste, used oil, or regulated medical waste, or an alleged violation of the laws and rules listed in § 4300, creates an imminent threat to human health or the environment necessitating response or corrective action, and the emergency nature of the situation makes it impractical to give prior notice as specified in §§ 4303.2 and 4303.3, the Director may provide notice by conspicuously posting the notice on the property at the earliest time feasible, before commencing work.

4303.5 Except as provided in § 4303.4, the written notice of intent to begin response or corrective action shall contain the following information:

1. (a) The name and address of the owner or operator of the premises or vehicle;
2. (b) The name and address of the person to whom the notice is directed;
3. (c) A statement of the authority under which the Director is taking response or corrective action;
4. (d) A description of the location where the work will take place;
5. (e) A brief summary of the response or corrective actions to be taken, and the conditions that require response or corrective action;
6. (f) Notice of any applicable hearing rights, if such notice has not already been served;

(g) A statement that the Director will pursue cost recovery against the responsible person pursuant to § 4314 for:

(1) All response and corrective action costs, related expenses, and interest; or,

(2) In the case of violations of the Illegal Dumping Enforcement Act, pursuant to D.C. Official Code § 8-902(f), three (3) times the cost and expense of abating the nuisance, preventing recurrence of the violation, cleaning and clearing the site where the unlawful disposal occurred, and properly disposing of the waste;

(h) The name, position, office address, telephone and fax numbers, and e-mail address of the Department employee issuing the notice, and the name and telephone number of the appropriate contact individual within the Department; and

(i) The signature of the Director or his or her designee.

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