2504.1 Each instance or day of a violation of each provision of the Critical Area rules shall be a separate violation.

2504.2 Upon identifying a violation of the Critical Area rules, the Department may issue one or more of the following:

(a) A Notice of Violation;

(b) A stop work order;

(c) A compliance order;

(d) An administrative order for costs and expenses;

(e) An Enforcement Notice; or

(f) A Notice of Infraction.

2504.3 The District may seek criminal prosecution if a person violates a provision of the Critical Area rules, to the extent authorized by section 17 of the Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code § 8-103.16).

2504.4 The Attorney General for the District may bring a civil action in the Superior Court of the District of Columbia or any other court of competent jurisdiction, for civil penalties, damages, cost recovery, reasonable attorney and expert witness fees, and injunctive or other appropriate relief pursuant to sections 18(d) and 19 of the Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code §§ 8-103.17(d) and 8-103.18), and section 206 of the Fisheries and Wildlife Omnibus Amendment Act of 2016 (D.C. Law 21-282; 8-1731.06).

2504.5 As an alternative to a civil penalty, the Department may impose administrative penalties, fines, and fees as sanctions for any violation of the Critical Area rules.

2504.6 Except when otherwise required by statute, an administrative civil fine shall be calculated according to the schedule of fines for violations of this chapter that has been approved pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.04).

2504.7 Administrative adjudication of a Notice of Infraction shall be conducted by OAH, pursuant to its rules and procedures.

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