Section 20-2219. UNLAWFUL ACTS

 

2219.1 Pursuant to the provisions in § 2500, the District Department of the Environment (Department) may pursue an enforcement action against any person who violates the Pesticide Operation Regulations, Chapters 22 through 25 of this title, including, but not limited to any person who:

 

(a) Fails to register a pesticide in accordance with the pesticide registration provisions of this title;

 

(b)  Uses a pesticide in a manner that is inconsistent with the labeling of the pesticide or that is in violation of the restrictions imposed on the use of the pesticide by the Environmental Protection Act (EPA) Administrator or the Department;

 

(c) Makes a pesticide recommendation that is inconsistent with the labeling of the pesticide, or that is in violation of the restrictions imposed on the use of the pesticide by EPA Administrator or the Department;

 

(d) Falsifies, refuses, or neglects to maintain or make available records required to be kept under the provisions of this title;

 

(e) Uses fraud or misrepresentation in applying for certification, registration, or a license;

 

(f) Refuses or neglects to comply with any limitations or restrictions on his or her certification, registration, or license;

 

(g) Makes false or fraudulent claims through any media that misrepresent the effect of a pesticide or the method to be utilized in the application of a pesticide;

 

(h) Applies any known ineffective or improper pesticide, or operates faulty or unsafe equipment;

 

(i) Uses or supervises the use of a pesticide in a faulty, careless, or negligent manner;

 

(j)  Makes false or fraudulent records, invoices, or reports;

 

(k)  Acts in the capacity of, advertises as, or assumes to act as a pesticide dealer in the District at any time unless he or she is licensed by the District in accordance with the provisions of this title;

 

(l) Aids, abets, or conspires with any other person to evade the provisions of this title;

 

(m) Makes fraudulent or misleading statements during or after an inspection of a pest infestation, or during or after an inspection pursuant to the provisions in Chapter 25 (Pesticide Use Enforcement and Administration) of this title;

 

(n) Impersonates any federal, state, or District inspector or official;

 

(o) Fails to immediately notify the Department by telephone, or in writing, of any pesticide accident, incident, fire, flood, or spill, or to report to the Department the full details of the event, including any remediation taken;

 

(p) Distributes any pesticide that is adulterated;

 

(q) Fails to maintain a record required pursuant to § 2517.1 for a transaction involving a restricted-use pesticide; or

 

(r) Violates any other requirement or provision of the Pesticide Operations Act of 1977, as amended, or the rules promulgated to carry out the provisions of the Act, set forth in Chapters 22 through 25 of this title.

 

2219.2Each unlawful act shall constitute a separate violation of the Pesticide Operation Regulations, Chapters 22 through 25 of this title. In the event of any violation of or failure to comply with the Pesticide Operation Regulations, each and every day of the violation or failure shall constitute a separate offense.

 

 

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

Final Rulemaking published at 62 DCR 3340 (March 20, 2015).