Section 20-2503. ENTRY FOR RESPONSIVE OR CORRECTIVE ACTION

  

2503.1 Pursuant to the Brownfields Revitalization Amendment Act of 2000, effective April 8, 2011 (D.C. Law 18-369; D.C. Official Code §§ 8-631 et seq.), in the event of an application, spill, or release of a pesticide, or an alleged or threatened violation of the law and rules described in § 2500.1, the District Department of the Environment (Department) may, under the following circumstances, enter any place or vehicle to perform, or cause to be performed, any responsive or corrective action necessary to protect public health, safety, or welfare, or the environment:

 

(a)  In a situation that requires immediate action by the Department to protect public health, safety, welfare, or the environment; or

 

(b)  Where the person responsible for the application, spill, release or alleged violation has failed or refused to comply with an administrative or court order requiring responsive or corrective action.

 

2503.2 Except as provided in § 2503.3, the Department shall provide notice in writing of the Department’s intent to enter the premises or vehicle to take responsive or corrective action to the owner, applicator, dealer, operator, supervisor, employee, or agent in charge at least seven (7) days before commencing work, and shall serve the notice personally or by first class mail, or where such service cannot be accomplished, by publication or posting.

 

2503.3 When an application, spill, or release of a pesticide, or an alleged or threatened violation of the law and rules described in § 2500.1, creates an imminent threat to public health, safety, or welfare, or the environment necessitating response or corrective action, and the emergency nature of the situation makes it impractical to give prior notice as described in § 2503.2, the Department may provide notice by conspicuously posting the notice on the property at the earliest time feasible, before commencing work.

 

 

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 11 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).