Section 20-2502. ENTRY FOR INSPECTION, SAMPLING, AND OBSERVATION

 

2502.1 Upon entry, the District Department of the Environment (Department) may do any of the following:

 

(a)Inspect the place or vehicle where the pesticide, pesticide equipment, or device is located, or will be located; any areas involved in pesticide control activity; and any surrounding areas that may be impacted;

 

(b)Inspect and obtain samples of any pesticide or pesticide equipment or device used in handling, transporting, applying, storing, or disposing of the pesticide, pesticide equipment or device;

 

(c)Inspect and copy or print out any record, including electronic records, reports, tapes, test results, or other documents or information relating to the purpose of the laws and rules described in § 2500.1; or

 

(d)Conduct interviews and obtain photographs, recordings, videos, or electronic documentation relating to the purpose of the law and regulations described in § 2500.1.

 

2502.2 If the Department obtains any samples from the premises or the vehicle, the Department shall give the owner, applicator, dealer, operator, supervisor, or agent in charge a receipt that describes the samples obtained, and if requested, a portion of each sample equal in volume or weight to the portion obtained.

 

2502.3 In addition to the information required to be produced during an inspection pursuant to § 2502.1, the Department may require in writing that an owner, applicator, dealer, operator, supervisor, technician, employee, or any other person involved in the activity being investigated, respond to specific questions or provide other information with respect to any of the pesticides, pesticide equipment or devices, or pesticide control activity as may be necessary to determine compliance with the law and rules described in § 2500.1. 

 

2502.4 When the Department makes a written request for any document, response to specific questions, or other information pursuant to § 2502.3, the documents, responses, or other information shall be submitted to the Department within ten (10) days of receipt of the request, unless the Department specifies a different time period. 

 

2502.5 The Department may require an owner, applicator, dealer, supervisor, operator, technician, employee, or any other person involved in an activity being investigated pursuant to § 2502.1 to take any necessary action to determine or facilitate compliance with the law and rules described in § 2500.1 or to protect public health, safety, or welfare, or the environment.

 

2502.6 When requiring action under § 2502.5, the Department may issue a field notice or directive letter that shall advise the recipient of the action the person is required to take and state the time period within which the action must be performed.

 

2502.7 Notwithstanding § 2502.6, the Department may give an oral directive to take immediate action to mitigate any hazard from any application, spill, release, or other pesticide control activity where there is potential serious danger to public health, safety, or welfare, or the environment; provided, that the Department shall, as soon thereafter as practicable, issue a written directive incorporating the contents of the oral directive.

 

2502.8 When a pesticide, pesticide device, equipment, or pesticide control activity poses an imminent threat to public health, safety, welfare, or the environment, the Department may post notice of the threat on the property and restrict access. The posting shall provide the public with notice that a dangerous condition exists and restrict entry, and the Department may prohibit the owner, applicator, dealer, operator, supervisor, technician, or employee from removing or handling the pesticide, pesticide device, or equipment, or from continuing the pesticide control activity until the Department has determined that the threat no longer exists.

 

 

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(d) – (g) 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).