3004.1 Any person who violates any of the requirements of this chapter or D.C. Official Code § 8-153.01 shall be subject to the penalties set forth in this section.

3004.2 Any person who violates this chapter shall be liable to the District for a civil penalty in an amount not to exceed two-thousand five hundred dollars ($2,500) for each violation.

3004.3 Each instance or day of a violation of each provision of this chapter shall be a separate violation.

3004.4 The Department may enforce a violation of this chapter by issuing one (1) or more of the following:

1. (a) Notice of violation;
2. (b) Enforcement notice; or
3. (c) Notice of infraction.

3004.5 The Department may issue an enforcement notice or notice of infraction without first issuing a notice of violation.

3004.6 A notice of violation shall include a description of the violation and the corrective action required to remediate the violation, which may include removal of the high-PAH sealant product by:

1. (a) Shot blasting;
2. (b) Encapsulation; or
3. (c) Other DOEE-approved method.

3004.7 A person ordered to remediate after use of a high-PAH sealant product must provide DOEE with a remediation plan by email to pavementsealant@dc.gov. The remediation plan shall include the names and contact information of any contractors hired to complete the project and must receive DOEE approval prior to commencement.

3004.8 Adjudication of a notice of infraction or enforcement notice shall be pursuant to the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801 et seq.).

3004.9 The District may also initiate a civil action in the Superior Court of the District of Columbia to secure a temporary restraining order, preliminary injunction, or other relief necessary for enforcement of this chapter.

SOURCE: Final Rulemaking published at 69 DCR 002756 (April 1, 2022).