D.C. Mun. Regs. tit. 21, § 515

[Reserved]

Authority: Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985, as amended (D.C. Law 6-42; D.C. Official Code §§ 2-1801.01 et seq. (2007 Repl. & 2012 Supp.)); District Department of the Environment Establishment Act of 2005, §§ 101 et seq., effective February 15, 2006, as amended (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq. (2008 Repl. & 2012 Supp.)); National Capital Revitalization Corporation and Anacostia Waterfront Corporation Reorganization Act of 2008, effective March 26, 2008 (D.C. Law 17-138; 55 DCR 1689), as amended by the Anacostia Waterfront Environmental Standards Amendment Act of 2012, effective October 23, 2012 (D.C. Law 19-192; D.C. Official Code §§ 2-1226.31 et seq.) (2012 Supp.)); The Soil Erosion and Sedimentation Control Act of 1977, effective September 28, 1977 (D.C. Law 2-23; 24 DCR 792), as amended by the Soil Erosion and Sedimentation Control Amendment Act of 1994, effective August 26, 1994, (D.C. Law 10-166; 41 DCR 4892; 21 DCMR §§ 500-15); Uniform Environmental Covenants Act of 2005, effective May 12, 2006, as amended (D.C. Law 16-95; D.C. Official Code §§ 8-671.01 et seq. (2008 Repl.)); Water Pollution Control Act of 1984, effective March 16, 1985, as amended (D.C. Law 5-188; D.C. Official Code §§ 8-103.01 et seq. (2008 Repl. & 2012 Supp.)); and Mayor’s Order 2006-61, dated June 14, 2006, and its delegations of authority. Source: § 2 of the Soil Erosion and Sedimentation Control Act of 1977 (D.C. Law 2-23; § 8.2:808, 24 DCR 792 (July 22, 1977)); as amended by § 9 of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 Technical and Clarifying Amendments Act of 1990 (D.C. Law 8-237; §8-2 808, 38 DCR 314, 320 (January 11, 1991)); as amended by Final Rulemaking published at 60 DCR 10640 (July 19, 2013).District of Columbia, Office of the Secretary

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515 PENALTIES AND REMEDIES

515.1 A violation under this chapter shall be deemed a misdemeanor. Any person who violates or fails to comply with any provision or requirement of this chapter or the amendments or orders promulgated under this chapter shall, upon conviction, be punished by a fine not to exceed three hundred dollars ($300) or imprisonment not to exceed ten (10) days or both, for each violation or failure to comply.

515.2 If a violation or failure to comply with this chapter occurs after a notice of the violation has been served by the Department, each and every day that violation exists beyond the time limit set for compliance shall constitute a separate offense and the penalties prescribed in this section shall be applicable to each separate offense.

515.3 The Department of Consumer and Regulatory Affairs may apply to the Superior Court of the District of Columbia for injunctive relief to enjoin a violation or threatened violation under this chapter without the necessity of showing that there does not exist an adequate remedy at law.

515.4 Neither the issuance of a permit under the provisions of this chapter nor the compliance with its provisions or with any condition imposed by a government official under this chapter shall relieve any person of any responsibility for damage to persons or property resulting from the issuance of the permit, or as otherwise imposed by law, nor impose any liability upon the District of Columbia for damages to persons or property.

515.5 Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this chapter pursuant to titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985. Adjudication of any infraction of this chapter shall be pursuant to titles I-III of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985.

SOURCE: §2 of the Soil Erosion and Sedimentation Control Act of 1977, D.C. Law 2-23, §8.2:808, 24 DCR 792 (July 22, 1977); as amended by §9 of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 Technical and Clarifying Amendments Act 011990, D.C. Law 8-237, §8-2 808), 38 DCR 314, 320 (January 11, 1991).

HISTORICAL NOTE: Prior to July 22, 1977, the District of Columbia Council published Final Rulemakings under Regulation No. 69.54, approved December 26, 1969, effective April 11, 1970, §8.2:805; and Regulation No. 71-28, approved August 27, 1971, 18 DCR 5 (September 6, 1971), §8-2:809, 8 DCRR, Health Regulations (1965 Edition).

EDITOR'S NOTE: D.C. Law 2-68 renumbered 8 DCRR §8-2:808 as 8 DCRR §8-2:815.