District of Columbia Administrative Code

4267 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4268 LAND DISPOSAL RESTRICTIONS 4268.1 The provisions of 40 C.F.R. Part 268 and Appendices III, IV, VI through IX, and XI of Part 268 are subject to specific modifications in this section. 4268.2 [Reserved]. SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005); as…

4269 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4270 DEPARTMENT-ADMINISTERED HAZARDOUS WASTE PERMIT PROGRAM 4270.1 The provisions of 40 C.F.R. Part 270 are subject to the specific modifications in this section. 4270.2 With respect to the introductory text in 40 C.F.R. § 270.41, the provisions of 40 C.F.R. § 124.5 are subject t…

4271 DECISION-MAKING PROCEDURES FOR DEPARTMENT-ADMINISTERED HAZARDOUS WASTE PERMIT PROGRAM 4271.1 Only the provisions of 40 C.F.R. Part 124 pertaining to the decision-making procedures that the Department will follow when issuing, modifying, suspending and reissuing, and revoking…

4272 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4273 STANDARDS FOR UNIVERSAL WASTE MANAGEMENT 4273.1 The provisions of 40 C.F.R. Part 273 (Standards for Universal Waste Management) are subject to the specific modifications in this section. 4273.2 With respect to 40 C.F.R. §§ 273.12 and 273.32(a)(1), each small quantity handler…

4274 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4275 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4276 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4277 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4278 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4279 STANDARDS FOR THE MANAGEMENT OF USED OIL 4279.1 The provisions of 40 CFR Part 279 are subject to the specific modifications in this section. 4279.2 The cross-references throughout 40 CFR Parts 279 to provisions of 40 CFR Part 280 shall refer instead to the District of Columb…

4280 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4281 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4282 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4283 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4284 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4285 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4286 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4287 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4288 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4289 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4290 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4291 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4292 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4293 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4294 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4295 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4296 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4297 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4298 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). AUTHORITY: DC-DCMR District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code 8-151.01 et seq.); section 6 of the District of…

4299 RESERVED SOURCE: Final Rulemaking published at 52 DCR 9653 (October 28, 2005). APPENDIX TO 20 DCMR CHAPTER 42 Corrections to the RCRA Regulations Federal Regulation Correction 40 CFR § 260.10 ("active portion") The effective date of 40 CFR Part 261 is November 19, 1980. 40 C…

4300 APPLICABILITY AND SCOPE 4300.1 This chapter applies to inspections and enforcement proceedings by the Department pursuant to: (a) The District of Columbia Hazardous Waste Management Act of 1977, D.C. Official Code §§ 8-1301 to 8-1314, and the Hazardous Waste Management Regul…

4301 RIGHT OF ENTRY 4301.1 For the purpose of enforcing the laws and rules listed in § 4300 of this chapter, the Department shall have the right, upon presentation of appropriate credentials to the owner, operator, or agent in charge, to enter without delay, subject to § 4301.3 o…

4302 ENTRIES FOR INSPECTIONS AND MONITORING 4302.1 Upon entry, the Department may do any of the following: (a) Inspect the place or vehicle where the hazardous waste, used oil, or regulated medical waste is or was located, or will be located, and any surrounding areas that may be…

4303 ENTRIES FOR CORRECTIVE ACTION 4303.1 In the event of a spill or release of hazardous waste, used oil, or regulated medical waste, or an alleged violation of the laws and rules listed in § 4300 of this chapter, the Department may, under the following circumstances, enter upon…

4304 ENFORCEMENT AUTHORITY 4304.1 The Department may pursue enforcement actions by: (a) Issuing a warning notice (Notice of Violation); (b) Issuing an administrative civil fine, penalty, or fee under 4304.2 of this chapter; (c) Issuing an administrative order under § 4305 of this…

4305 ADMINISTRATIVE ORDER 4305.1 If the Department has reason to believe that there has been a violation of the Hazardous Waste Management Act of 1977 or the Hazardous Waste Management Regulations that pose a threat to human health or the environment, or there has been a release …

4306 NOTICE OF MODIFICATION, SUSPENSION, OR REVOCATION OF PERMIT 4306.1 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, subject to modificati…

4307 APPEALS TO THE DEPARTMENT 4307.1 A person named in an administrative order or proposed permit denial, modification, suspension, or revocation may appeal the action in accordance with this section. 4307.2 A person seeking to appeal a decision shall first make an appeal to the…

4308 APPEALS TO THE OFFICE OF ADMINISTRATIVE HEARINGS 4308.1 A person adversely affected or aggrieved by a decision of the Director under § 4307 of this chapter or named in a notice of infraction assessing a civil fine, penalty, or fee under § 4304.2 may appeal the action in acco…

4309 COMPUTATION OF TIME 4309.1 This section applies to all periods of time prescribed or allowed by the Hazardous Waste Management Regulations, chapters 42 and 43 of this title. 4309.2 In computing any period of time measured in days or calendar days, the day of the act, event, …

4310 PENALTIES AND INJUNCTIVE RELIEF FOR FAILURE TO COMPLY WITH FINAL ADMINISTRATIVE ORDER 4310.1 Pursuant to § 11 of the District of Columbia Hazardous Waste Management Act of 1977, effective March 16, 1978, as amended (D.C. Law 2-64; D.C. Official Code § 8-1310 (2001)), the Dir…

4311 CIVIL INFRACTION FINES, PENALTIES, AND FEES PURSUANT TO THE DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS CIVIL INFRACTIONS ACT 4311.1 In any instance where a civil fine, penalty, or fee has been established pursuant to § 104 of the Department of Consumer and Regulatory Affa…

4312 CIVIL FINES AND ADMINISTRATIVE SANCTIONS PURSUANT TO THE ILLEGAL DUMPING ENFORCEMENT ACT 4312.1 In any instance where a civil fine, penalty, or fee has been established pursuant to § 3 of the Illegal Dumping Enforcement Act, effective May 20, 1994, as amended (D.C. Law 10-11…

4313 JUDICIAL ACTION IN LIEU OF ADMINISTRATIVE ENFORCEMENT 4313.1 Pursuant to § 11 of the District of Columbia Hazardous Waste Management Act of 1977, effective March 16, 1978, as amended (D.C. Law 2-64; D.C. Official Code § 8-1310 (2001)), if the Director finds that any person i…

4314 COST RECOVERY PROCEDURES 4314.1 Except as provided in § 4314.6, if the District of Columbia has incurred costs for taking response or corrective action under § 12 of the District of Columbia Hazardous Waste Management Act of 1977, effective March 16, 1978 (D.C. Law2-64; D.C.…

4315 SETTLEMENT AGREEMENTS AND CONSENT COMPLIANCE ORDERS 4315.1 At any time during the course of administrative or judicial enforcement proceedings, the parties to the proceeding may enter into a settlement agreement and/or consent compliance order. 4315.2 A settlement agreement …

4316 COMPUTATION OF TIME 4316.1 This section applies to all periods of time prescribed or allowed by the Hazardous Waste Management Regulations, 20 DCMR chs. 42 and 43. 4316.2 In computing any period of time measured in days or calendar days, the day of the act, event, or default…