Section 20-2505. WARNING NOTICES: FIELD NOTICES OR DIRECTIVE LETTERS; STOP SALE, USE, OR REMOVAL ORDERS; NOTICES OF VIOLATION

 

2505.1 A warning notice; field notice; directive letter; stop sale, use, or removal order; or a notice of violation shall identify the alleged violation or threatened violation and may require the respondent to conduct monitoring or testing, or to take any responsive or corrective measures the District Department of the Environment (Department) determines reasonable and necessary.

 

2505.2 A warning notice; field notice; directive letter; stop sale, use, or removal order; or a notice of violation shall make clear the basis for the notice and that the respondent’s failure to take the measures directed will constitute an additional violation of the pertinent statute or regulation.

 

2505.3 The Department shall serve a warning notice; field notice; directive letter; stop sale, use, or removal order; or a notice of violation on the respondent or the respondent’s authorized representative in person or in a manner likely to insure receipt, including first class mail, fax with return receipt, email with return read receipt, or hand-delivery with certification of service.

 

(a) The Department shall send the notice to the last known address listed on the person’s application for certification or other official correspondence submitted to the Department; and

 

(b)  The Department shall verify the accuracy of the address.

 

2505.4 After receipt of a stop sale, use, or removal order issued by the Department, no person shall sell, use, or remove the pesticide or device described in the order, except in accordance with the provisions of the order. 

 

2505.5 When any pesticide, pesticide application, or pest control activity poses a threat to public health, safety, welfare, or the environment, and the responsible person, or the address of the responsible person, is unknown or cannot be located, the Department may serve written notice by conspicuously posting the notice on the property where the threat exists and sending a copy to the owner of the property at the owner’s last known address.

 

 

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).