4308 NOTICE OF MODIFICATION, SUSPENSION, OR REVOCATION OF PERMIT

4308.1 An action for modification, suspension, proposed revocation, or revocation of a Department-issued RCRA permit shall be conducted pursuant to the procedures in 40 CFR Part 270, Subpart D, incorporated by reference, subject to modification in 20 DCMR § 4270.

4308.2 Except as provided in § 4308.1, an action pursuant to §§ 4 or 10 of the District of Columbia Hazardous Waste Management Act of 1977, effective March 16, 1978 (D.C. Official Code §§ 8-1303 or 8-1309 (2001)), to modify, suspend, or revoke a permit or approval issued pursuant to the Act or the regulations adopted pursuant to the Act, shall be initiated by a notice of proposed modification, suspension, proposed revocation, or revocation in accordance with this section.

4308.3 The notice of proposed modification, suspension, proposed revocation, or revocation shall be in writing, and shall include the following:

1. (a) The name and address of the holder of the permit or approval;
2. (b) A statement of the action or proposed action;
3. (c) A statement of the alleged violation of the pertinent statute, regulation, or term or condition of the permit or approval;
4. (d) Notice that the respondent has the right to request an administrative hearing in accordance with the requirements of 1 DCMR § 2805.2, or to have a hearing at the time and place stated;
5. (e) A statement that the respondent has the right, at the respondent's expense, to legal representation at the hearing; and
6. (f) Information notifying the respondent of any scheduled hearing date or of any actions necessary to obtain a hearing, and the consequences of failure to comply with the suspension or immediate revocation, if applicable.

4308.4 The Director may issue a notice of proposed modification of a permit or approval issued pursuant to the District of Columbia Hazardous Waste Management Act of 1978 when necessary to achieve the purposes of the Act, as stated in § 2 of the Act, D.C. Official Code § 8-1301; to protect the public health, safety, or welfare or the environment; or to correct an error in the terms and conditions of the permit.

4308.5 The Director may issue a notice of suspension of a permit or approval if the holder is in violation of the District of Columbia Hazardous Waste Management Act of 1977 or the regulations adopted pursuant to the Act.

4308.6 A notice of suspension may take effect when served; however, the holder of the permit or approval shall have the right to:

1. (a) Request a hearing within fifteen (15) days of service of the notice; and
2. (b) Reapply for the permit or approval. If the applicant is able to demonstrate an ability and willingness to comply with the terms and conditions of a new permit or approval and the provisions of the pertinent statutes and regulations, the Director may grant a new permit or approval.

4308.7 The Director may issue a notice of proposed revocation of a permit or approval issued pursuant to the District of Columbia Hazardous Waste Management Act of 1977 or the regulations adopted pursuant to the Act when the holder of the permit or approval has a history of repeated violations of the Act or the regulations. Except as provided in § 4308.8, the revocation shall take effect fifteen (15) days after service of the notice, unless the holder of the permit or approval requests a hearing within fifteen (15) days of service of the notice.

4308.8 The Director may immediately revoke a permit or approval issued pursuant to the District of Columbia Hazardous Waste Management Act of 1977 or the regulations adopted pursuant to the Act upon an initial violation of the Act or the regulations, where the violation presents an imminent and substantial endangerment to the public health, safety, or welfare or the environment.

4308.9 In the case of an immediate revocation, the respondent may request a hearing within fifteen (15) days of service of the notice of revocation; however, the revocation shall take effect when served.

4308.10 The Director shall serve a notice of proposed modification, suspension, proposed revocation, or revocation in the same manner as a proposed compliance order pursuant to § 4306.3.

4308.11 The Director may serve a notice of proposed modification, suspension, proposed revocation, or revocation in addition to any other administrative or judicial penalty, sanction, or remedy authorized by law.

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