If a District Department of the Environment (DDOE)
inspector determines that a UST or UST system is out of compliance with UST regulations, he or she may initiate non-compliance enforcement procedures. You can learn more about the DDOE's delivery prohibition process here
The first step in non-compliance enforcement is the issuance of a Notice of Violation or Threatened Violation, which will:
- Clearly identify the violation or threatened violation by citing the specific regulation(s);
- May require the owner/operator to take corrective measures which the DDOE considers reasonable and necessary; and
- Specify a reasonable time frame for completion of any necessary corrective measures.
If the owner/operator objects to a Notice of Violation or Threatened Violation, he or she must file a written statement detailing those objections and the basis for those objections within 15 calendar days of receipt of the Notice.
If the owner/operator fails to respond to the Notice of Violation or Threatened Violation, the DDOE may issue a Proposed Compliance Order or Proposed Cease and Desist Order, which will include any scheduled hearing dates and any penalties to be assessed for failure to comply with the Order. The DDOE may also act to suspend, revoke, or deny the owner/operator a license or certification. The DDOE will also post a list of non-compliant facilities
on its website.