Section 20-2309. PRIVATE APPLICATORS: STANDARDS FOR DETERMINATION OF COMPETENCY

 

2309.1 The District Department of the Environment (Department) shall determine competency in the use and handling of pesticides by a private applicator by procedures set forth in this section.

 

2309.2 As a minimum requirement for certification, a private applicator shall show that he or she possesses a practical knowledge of the following:

 

(a) The pest problems and pest control practices associated with the agricultural operations, proper storage, use, handling, and disposal of the pesticides and containers with which the applicator will be involved;

 

(b) The principles of integrated pest management; and

 

(c) The legal responsibilities related to the applicator’s job.

 

2309.3 An applicator’s practical knowledge shall be evaluated according to his or her ability to:

 

(a) Recognize common pests to be controlled and the damage caused by these pests;

 

(b) Read and understand the label and labeling information, including the common name of pesticides the applicator applies, the pest or pests to be controlled, the timing and methods of applications, the safety precautions, the pre-harvest or reentry restrictions, and any specific disposal procedures;

 

(c) Apply pesticides in accordance with label instructions and warnings, including the ability to prepare the proper concentration of pesticide to be used under particular circumstances, taking into account such factors as the area to be covered, speed at which application equipment will be driven, and the quantity dispersed in a given period of operation;

 

(d) Recognize local environmental situations that must be considered during an application in order to avoid contamination; and

 

(e) Recognize poisoning symptoms and know procedures to follow in case of a pesticide accident.

 

2309.4 The Department may verify the competence of each private applicator through the administration of a private applicator certification system that ensures that the private applicator is competent, based upon the standards set forth in this section, to use the restricted-use pesticides under limitations of applicable District and federal laws and regulations.

 

2309.5 The certification system specified in § 2309.4 shall employ a written demonstration of competence or any other equivalent system as may be adopted by the Department subject to the approval of the Environmental Protection Agency.

 

 

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