Section 20-2209. PROHIBITED AND RESTRICTED USES: EXEMPTIONS

 

2209.1The provisions of § 2208 shall not apply to the use of a pesticide for the purpose of improving or maintaining water quality at:

 

(a) Drinking water treatment plants;

 

(b) Wastewater treatment plants;

 

(c) Reservoirs and swimming pools; and

 

(d) Related collection, distribution, and treatment facilities.

 

2209.2 A person may apply to the District Department of the Environment (Department) for an exemption from § 2208.1 for a District restricted-use pesticide. The Department may grant an exemption to apply a District restricted-use pesticide on property prohibited under § 2208.1 if the applicant demonstrates:

 

(a) That integrated pest management practices have been utilized prior to application for an exemption;

 

(b) That the applicant has made a good-faith effort to seek effective and economical alternatives to the District restricted-use pesticides, and they are unavailable;

 

(c) That providing a waiver will not violate District or federal law; and

 

(d) That use of the District restricted-use pesticide on the property prohibited under § 2208.1 is linked to a need to protect health, the environment, or property.

 

2209.3An application for exemption under § 2209.2 shall be made in writing to the Department and signed by the person requesting the exemption under penalty of perjury.

 

2209.4A person may apply to the Department for an exemption from § 2208.2 for a non-essential pesticide. The Department may grant an exemption to apply a non-essential pesticide on property prohibited under § 2208.2, if the applicant demonstrates:

 

(a) That integrated pest management practices have been utilized prior to application for an exemption;

 

(b)That effective alternatives are unavailable;

 

(c) That providing a waiver will not violate District or federal law; and

 

(d) That use of the non-essential pesticide is critical and necessary to protect human health or prevent imminent and significant economic damage.

 

2209.5An application for exemption under § 2209.4 shall be made in writing to the Department and signed by the person requesting the exemption under penalty of perjury.

 

2209.6A person may apply to the Department for an emergency exemption in the event that an emergency pest outbreak poses an immediate threat to public health or would result in significant economic damage because of failure to use a pesticide prohibited or restricted by § 2208. The Department may grant an emergency exemption to apply pesticides prohibited under § 2208, after the application, if the applicant demonstrates:

 

(a)An urgent, non-routine situation that requires the use of pesticides where:

 

(1)No effective pesticides are available that are registered for use to control the pest under the conditions of the emergency;

 

(2)No economically or environmentally feasible practices which provide adequate control are available; and

 

(3)The situation:

 

(i)Involves the introduction or dissemination of a new pest; 

 

(ii)Will cause significant economic loss due to an outbreak or an expected outbreak of a pest; or

 

(iii)Presents significant risks to human health, endangered or threatened species, beneficial organisms, or the environment.

 

2209.7If a person makes an emergency application of pesticides under this section under a condition not qualifying as an emergency under § 2209.6(a), as determined by the Department, then the Department may initiate an action to suspend, modify, or revoke the certification of the person in accordance with § 2507.

 

2209.8The Department may require a person who applies for an exemption under this section for the same property on more than one (1) occasion to attend a District-approved integrated pest management course.

 

2209.9Upon receiving notice from the Department that a person is required to take a District-approved integrated pest management course as provided in § 2209.8, the person shall complete the required course and submit proof of completion to the Department within one (1) year.

 

 

authority

Section 12(a) of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; D.C. Official Code § 8-411(a) (2013 Repl.)); Section 11(a) of the Pesticide Education and Control Amendment Act of 2012, effective October 23, 2012 (D.C. Law 19-191; D.C. Official Code § 8-440(a) (2013 Repl.)); Section 103(b)(1)(B)(ii)(II) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.03(b)(1)(B)(ii)(II) (2013 Repl.)); the Brownfields Revitalization Amendment Act of 2010 (Brownfields Act), effective April 8, 2011 (D.C. Law 18-369; D.C. Official Code §§ 8-631.01 et seq. (2013 Repl.)); and Mayor’s Order 98-47, dated April 15, 1998, as amended by Mayor’s Order 2006-61, dated June 14, 2006.

source

The Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; 24 DCR 6867 (February 17, 1978)); as amended by Final Rulemaking published at 55 DCR 9839 (September 19, 2008); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015).