Section 20-2501. RIGHT OF ENTRY, INSPECTION, SAMPLING, AND OBSERVATION

 

2501.1 For the purposes of carrying out and enforcing the law and rules described in § 2500.1, the District Department of the Environment (Department) shall have the right, upon presentation of appropriate credentials, to enter, inspect, sample, and observe, without delay, subject to § 2501.3, any place or vehicle where:

 

(a)There is present any pesticide, or any pesticide device, container, product, apparatus, or equipment that is stored, disposed of, used or intended for use in pest control activity, pesticide manufacture, or pesticide storage;

 

(b)The Department has reason to believe that pest control activity is being conducted, has been conducted, or will be conducted; or

 

(c)In the case of a vehicle, if:

 

(1)If it is marked as a pesticide application vehicle; or

 

(2)The Department has other reason to believe that the vehicle is involved in pest control activity.

 

2501.2Appropriate credentials for making an inspection shall include:

 

(a) A duly issued photo identification card or badge showing the name of the inspector and proof of employment with the Department; or

 

(b) A notice of inspection issued by the Department.

 

2501.3Entry by the Department may be made, with or without prior notice, as follows:

 

(a) At any time, in emergency situations, or where there is a potential immediate threat to public health, safety, or welfare, or the environment; and

 

(b) At any reasonable time in non-emergency situations. The following times shall be deemed reasonable for purposes of entry:

 

(1) Between the hours of 7:30 a.m. and 6:00 p.m. on weekdays;

 

(2) Any hours during which the place is open for business or operation; or

 

(3) In the case of a vehicle, any time the vehicle is being used in the course of business or operations, or any time the Department has reason to believe the vehicle is, has been, or will be involved in pest control activity.

 

2501.4 If a person denies access to any place or vehicle to the Department acting pursuant to the authority in the law and rules described in § 2500.1, the Department may apply for a search warrant in a court of competent jurisdiction, in addition to other actions authorized by law and regulations.

 

 

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

Sections 12, 13, and 19 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 62 DCR 3340 (March 20, 2015).