2503 STOP WORK ORDERS

2503.1 The Department may issue a stop work order if it has determined that one (1) or more of the following conditions exists:

(a) Noncompliance with a notice that requires corrective action;

(b) Material false statement or misrepresentation of fact in an application that the Department approved for the project;

(c) During the project, the business license of a contractor or subcontractor is void, has expired, or has been suspended or revoked;

(d) Work involving an activity regulated under the Critical Area rules is being conducted:

(1) In violation of this chapter or Chapter 26;

(2) In an unsafe manner; or

(3) In a manner that poses a threat to the public health or the environment.

2503.2 A stop work order shall:

(a) Have immediate effect;

(b) Be issued in writing; and

(c) Be provided to:

(1) The person who has received an approval under this chapter or the person's authorized representative;

(2) The person doing the work; or

(3) The person on site who is responsible for the work.

2503.3 The stop work order shall identify the:

(a) Location of the work;

(b) Corrective action or cessation required;

(c) Time period required to complete corrective action;

(d) Reason for the order;

(e) Person issuing the order, including telephone contact, and, if available, email or other electronic means of address; and

(f) Steps to be taken to challenge or appeal the order.

2503.4 The stop work order shall be:

(a) Posted at the property; and

(b) Served by registered mail, hand-delivery with certification of service to the person who received approval for the work or that person's agent.

2503.5 No person shall remove a stop work order posted at a site without the Department's written approval.

2503.6 A person who continues work stopped by an order shall be in violation of this chapter for each day on which work is conducted, except for work:

(a) Required immediately to stabilize the activity and place the property in a safe and secure condition;

(b) That the Department orders; or

(c) Required immediately to eliminate an unsafe condition or threat to the public health or the environment.

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021).