D.C. Mun. Regs. Tit. 20, § 4271. DECISION-MAKING PROCEDURES FOR THE DEPARTMENT-ADMINISTERED HAZARDOUS WASTE PERMIT PROGRAM

• Library: D.C. Municipal Regulations
• Enactment Date: 01 January 2019

4271 DECISION-MAKING PROCEDURES FOR DEPARTMENT-ADMINISTERED HAZARDOUS WASTE PERMIT PROGRAM

4271.1 This section incorporates by reference, subject to the general modifications in 20 DCMR §§ 4200 through 4206 and the specific modifications in this section, the provisions of 40 C.F.R. Part 124 applicable to RCRA permits as the decision-making procedures the Department will follow when issuing, modifying, suspending and reissuing, and revoking hazardous waste permits issued pursuant to this chapter (20 DCMR Chapter 42).

4271.2 The provisions of 40 C.F.R. § 124.5 (modification, revocation and reissuance, or termination of permits) are adopted with the following modifications:

(a) Only paragraphs (a), (c), and (d)(1) in 40 C.F.R. § 124.5 are incorporated by reference. The cross-references in the federal regulation to 40 C.F.R. §§ 270.41 and 270.43 shall refer instead to 20 DCMR §§ 4270.3 and 4270.5 respectively;

(b) If the Director determines that a request for the modification, revocation and reissuance, or termination of a permit is not justified, he or she shall send the requestor a brief written response giving the reasons for the decision. Denials of requests for modification, revocation and reissuance, or termination are not subject to public notice, comment, or hearing. Denials may be appealed administratively to the District of Columbia Office of Administrative Hearings (OAH), pursuant to procedures established in 20 DCMR § 4271.6. This appeal is a prerequisite to seeking judicial review of the Director's determination to deny a request for modification, revocation and reissuance, or termination; and

(c) Where there has been a history of repeated violations or a permit has been previously revoked and reissued, or where there is an initial violation and the violation presents an imminent and substantial endangerment to the public health, public welfare, or the environment, the Director may proceed under § 10 of the District of Columbia Hazardous Waste Management Act, D.C. Official Code § 8-1309(c) and (d), and 20 DCMR Chapter 43 to terminate the permit in lieu of proceeding under this subsection.

4271.3 The provisions of 40 C.F.R. § 124.10 (public notice of permit actions and public comment period) are adopted with the following modifications:

(a) With respect to 40 C.F.R. § 124.10(a)(1)(iv), the Director shall give public notice whenever a request for a hearing under 20 DCMR § 4271.6 to review a permit decision is received; and

(b) In addition to the...