Section 20-6300. RIGHT OF ENTRY

 

6300.1The Director shall have the right, upon presentation of appropriate credentials to the owner, operator or agent in charge, to enter without delay on any property where an underground storage tank is or has been located, or on any property where contamination from an underground storage tank is suspected, for the purpose of enforcing the Act or this subtitle, as set forth in this section.

 

6300.2Appropriate credentials for making an inspection shall include, but are not limited to, the following:

 

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

 

(b)Notice of inspection issued by the Director containing at least the following information:

 

(1)The name of the owner, operator, or agent in charge;

 

(2)The address to be inspected;

 

(3)The date of the inspection; and

 

(4)The signature of the inspector.

 

6300.3Entry may be at any reasonable time with or without prior notice, as follows:

 

(a)In emergency situations, which may include, situations where there is floating product on surface or ground-water, where there are ignition sources in the area, or where there is a potential immediate threat to public health or the environment, the Director shall have the right to enter at any hour; or

 

(b)In non-emergency situations, entry between the hours of 9 a.m. and 5 p.m. on weekdays, as well as entry during any hours in which the owner or operator is open for business shall be deemed "reasonable."

 

authority

Unless otherwise noted, the authority for this chapter is §13 of the District of Columbia Underground Storage Tank Management Act of 1990, as amended, D.C. Law 8-242, D.C. Code §6-995.1 et seq. (1995 Repl. Vol.), Mayor's Order 91-160 dated October 9, 1991); and the District of Columbia Water Pollution Control Act of 1984, D.C. Law 5-188, D.C. Code 6-921 (1995 Repl. Vol.), Mayor's Order 85-152 dated September 12, 1985.

source

Final Rulemaking published at 40 DCR 7835, 7900 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999).