Section 20-2400. GENERAL PROVISIONS

 

2400.1 No person shall act in the capacity of a pesticide operator, or advertise as, or assume to act as a pesticide operator, at any time unless the person is certified and licensed by the District Department of the Environment (Department) in accordance with the Pesticide Operation Regulations, Chapters 22 through 25 of this title.

 

2400.2 No person shall apply for a pesticide operator license unless the applicant is certified as a pesticide operator.

 

2400.3 Application for a pesticide operator’s license shall be made in writing on a form prescribed by the Department.

 

2400.4 No licensed certified pesticide operator shall permit the use of any pesticide, including any restricted-use pesticide, by any person who is not:

 

(a)  A licensed certified applicator in the category in which the application is made; or

 

(b)  A registered technician of the pesticide operator acting under the direct supervision of a pesticide applicator certified and licensed in that category.

 

2400.5 A pesticide operator shall apply to the Department for a separate certification and license for each place of business providing services involving the use of pesticides or devices or performing other pest control activities in the District for the control, eradication, mitigation, or prevention of pests either entirely or as part of the business, in accordance with the provisions of the Pesticide Operations Act of 1977, effective April 18, 1978, as amended (D.C. Law 2-70; D.C. Official Code §§ 8-401 et seq.), and to the Pesticide Operation Regulations, Chapters 22 through 25 of this title.

 

2400.6 The certification and license issued to a pesticide operator is not transferable and shall remain with the person to whom it is issued.

 

2400.7 Within ten (10) days of termination of business, the operator shall submit the operator’s certification and license to the Department for cancellation.

 

2400.8 A pesticide operator shall notify the Department in writing of any change of address within thirty (30) days of the change.

 

2400.9 The following types of persons shall not be required to obtain a pesticide operator’s certification or license:

 

(a)A person conducting laboratory-type research involving restricted-use pesticides;

 

(b)A doctor of medicine or doctor of veterinary medicine applying pesticides as drugs during the course of normal practice;

 

(c)A registered technician while working under the direct supervision of a licensed certified applicator; or

 

(d)A person applying any pesticide that is not a restricted-use pesticide on his or her own premises, or an employee of that person who applies any pesticide that is not a restricted-use pesticide on the person’s premises.

 

2400.10 All certifications and licenses granted pursuant to this chapter shall be posted conspicuously on the premises of the pesticide operator.

 

 

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 7 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 the text of the Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978); as amended by Final Rulemaking published at 30 DCR 2204 (May 13, 1983); as amended by Final Rulemaking published at 62 DCR 3340 (March 20, 2015).