Section 20-2211. NOTIFICATION

 

2211.1 When a customer enters into a contract for pesticide application services with a pesticide operator, the pesticide operator shall provide the customer with the following written information prior to applying treatment:

 

(a) The name of the pesticide operator;

 

(b)The name of the pesticide applicator if different from that of the operator;

 

(c) The District of Columbia pesticide operator license number;

 

(d) The telephone number of the pesticide operator;

 

(e) The National Capital Poison Control Center hotline number;

 

(f) The re-entry period specified on the pesticide label, if applicable;

 

(g) The common name of the pest to be controlled;

 

(h) The common name of pesticide or active ingredient to be applied;

 

(i) At the request of the customer, both or either:

 

(1) An original or legible copy of the current pesticide product label; or

 

(2) A Safety Data Sheet; and

 

(j) The following statement: “District of Columbia law requires that you be given the following information:

 

Notice of Pesticide Application:
 

CAUTION -- PESTICIDES MAY CONTAIN TOXIC CHEMICALS. Companies that apply pesticides are licensed and regulated by the District Department of the Environment (DDOE). The United States Environmental Protection Agency and DDOE approve pesticides for use. At your request, the company conducting your pest control will provide you with either or both of the Safety Data Sheet(s) or the pesticide label(s), both of which provide further information about the approved uses of and recommended precautions for the pesticide being applied on your property. Neither of these documents is guaranteed to list every danger associated with a pesticide. DDOE maintains a list of pesticides that present a reduced risk to humans and the environment, and encourages the use of such pesticides whenever possible. The pesticide company:  
 

[ ] HAS

[ ] HAS NOT

 

chosen to apply reduced-risk pesticide(s). The District of Columbia government encourages the use of non-chemical and reduced-risk methods of pest control by residents and commercial pest control companies. Even when using reduced-risk pesticides, residents should familiarize themselves with safety information for pesticide products, and should avoid exposure to pesticides.”  

 

2211.2In addition to the information required in § 2211.1, the pesticide operator may provide the customer with additional product information, such as a United States Environmental Protection Agency fact sheet on the product, or additional labeling information provided by the product manufacturer or registrant. 

 

2211.3Upon a customer's request at least forty-eight (48) hours prior to an application, the pesticide operator shall provide the customer with advance notice of a pesticide application, including the information required under § 2211.1, no less than twenty-four (24) hours prior to the application.

 

2211.4When pesticide is to be applied on a multi-unit property, the pesticide operator shall provide the information listed in § 2211.1 to the customer at least forty-eight (48) hours before the pesticide is to be applied.

 

2211.5At least twenty-four (24) hours, and not more than seven (7) days, before the application of pesticides on a multi-unit property, the owner of the property shall provide each resident and tenant of the property that will be treated with the information listed in § 2211.1 by:

 

(a)Delivering the information to each resident's door or mailbox, or to each resident through electronic mail or facsimile; and

 

(b) Posting the information conspicuously in common spaces on the property, in reasonably close proximity to the locations where pesticide will be applied.

 

2211.6 In the event that there is no clearly defined customer or business entity as identified in § 2211.1, the applicator shall post the documentation required in § 2211.1 in an accessible location at the site of the application for public inspection.

 

2211.7 When applying a restricted-use pesticide outside the confines of an enclosed structure, the person applying the pesticide shall provide notice of the date and approximate time of any such pesticide application to any property that abuts the property to be treated.

 

 

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

Section 15 of 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 25 DCR 3044 (October 6, 1978), incorporating Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015).