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If you own or manage a building in Washington, D.C., you may have come across various notices from the Department of Energy & Environment (DOEE). These notices serve as official communication regarding Benchmarking and Building Energy Performance Standards (BEPS) regulations. Knowing how to read and respond to them can save you from unnecessary fines and ensure your building aligns with environmental standards. Let’s break down the types of DOEE notices, the timing of each, and when it’s critical to act.

Notice Of Violation

  • A Notice of Violation (NOV) serves as an initial warning to building owners who have not submitted their required energy and water benchmarking data by the April 1st deadline. 
  • The NOV informs the owner of the non-compliance and provides a 30-day period to submit the necessary data to DOEE. 
  • Failure to comply within this timeframe may lead to further enforcement actions.
  • This is a best case scenario, but it is time to act now!

Notice of Infraction (Demand Letter)

  • If a building owner does not respond to the NOV or continues to be non-compliant after the 30-day grace period, DOEE may issue a Notice of Infraction (NOI). 
  • This notice formally cites the owner for the infraction and may impose fines of up to $100 per day for each day the building remains out of compliance. 
  • It’s important to note that DOEE has the authority to issue an NOI without first issuing an NOV.

Administrative Orders and Directives (Enforcement Notice)

  • Enforcement Notices come into effect when NOVs and NOIs do not result in compliance. At this stage, DOEE issues a notice that demands corrective action and may outline additional penalties.
  • This notice may include higher fines, an order to rectify the violation by a specific deadline, and potentially escalate the case to administrative or legal action.
  • If a building owner continues to ignore these notices, DOEE may proceed with administrative orders, license or permit modifications, or refer the matter to the District’s Office of the Attorney General or federal agencies for further enforcement actions, including civil or criminal cases.

Don’t Hesitate!

In conclusion, if you receive any notice from the DOEE regarding Benchmarking or BEPS compliance, don’t wait. These notices, whether a Notice of Violation, Notice of Infraction, or an Enforcement Notice, signify an urgent need to act to avoid costly fines or further enforcement actions. By reaching out to Honeydew Energy Advisors as soon as you receive a notice, you can navigate the compliance process efficiently, potentially reduce or eliminate penalties, and secure your building’s standing under DOEE’s environmental standards. Take action today to protect your property and stay ahead in D.C.’s evolving regulatory landscape.