5771711 Energy and Environment, Department of - Notice of Final Rulemaking - Apiculture Schedule of Fines

DEPARTMENT OF ENERGY AND Environment

 

NOTICE OF FINAL RULEMAKING

 

Apiculture Schedule of Fines

 

The Director of the Department of Energy and Environment (Department), pursuant to the authority set forth in Section 104(a)(1) of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985 (Civil Infractions Act), effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.04(a)(1) (2012 Repl.)), Sections 211 and 219 of the Sustainable Urban Agriculture Apiculture Act of 2012, effective April 20, 2013 (D.C. Law 19-262; D.C. Official Code §§ 8-1825.01 and 8-1825.09 (2013 Repl.)), as amended by Title IV, Subtitle B of the Sustainable D.C. Omnibus Amendment Act of 2014, effective December 17, 2014 (D.C. Law 20-142; 61 DCR 8045 (August 8, 2014)), the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq. (2013 Repl.)), and Mayor’s Order 2006-61, dated June 14, 2006, hereby gives notice of the intent to adopt the following amendments to Chapter 40 (Department of the Environment (DDOE) Infractions) of Title 16 (Consumers, Commercial Practices, and Civil Infractions) of the District of Columbia Municipal Regulations (DCMR).

 

These rules will add a new Section 4017, Apiculture Infractions, to Title 16 of the District of Columbia Municipal Regulations, by adding to the schedule of fines for violations in 21 DCMR Chapter 19, related to urban apiculture.  The fines shall be scheduled as Class 4 infractions.

 

A Notice of Proposed Rulemaking was published in the D.C. Register on June 12, 2015 at 62 DCR 008311. No comments were received. Pursuant to § 104(a)(1) of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.04(a)(1) (2012 Repl.)), this rulemaking was submitted to the Council of the District of Columbia (Council) for a review period of thirty (30) days. The Proposed Resolution of Approval for the Notice of Final Rulemaking was introduced in the Council on October 7, 2015, and was deemed passively approved on November 20, 2015.

 

These rules were adopted as final on July 23, 2015 and will become effective upon publication of this notice in the D.C. Register.

 

Chapter 40, DEPARTMENT OF THE ENVIRONMENT (DDOE) INFRACTIONS, of Title 16 DCMR, CONSUMERS, COMMERCIAL PRACTICES, AND CIVIL INFRACTIONS, is amended as follows:

 

A new Section 4017 is added to read as follows:

 

4017                APICULTURE INFRACTIONS

 

4017.1                          [RESERVED]

 

4017.2                                      [RESERVED]

 

4017.3                                      [RESERVED]

 

4017.4                                      Violation of any of the following provisions shall be a Class 4 infraction:

 

(a)        19 DCMR § 1520.1 (failure to register a colony of bees with the Department);

 

(b)        19 DCMR § 1523.1 (failure to obtain a permit prior to transporting a colony, portion of a colony, bees on combs, empty used combs, or used hives into the District);

 

(c)        19 DCMR § 1523.3 (failure to obtain a Certificate of Apiary Inspection from the Department prior to taking any colony, portion of a colony, bees on combs, empty used combs, or used hives out of the District);

 

(d)       19 DCMR § 1524.2 (failure to keep bees in hives with removable combs);

 

(e)        19 DCMR § 1524.3 (failure to maintain hive in sound condition);

 

(f)        19 DCMR § 1524.4 (failure to maintain adequate space in the hive to prevent overcrowding and deter swarming);

 

(g)        19 DCMR § 1524.5 (failure to provide colony with a convenient, adequate, and constant source of water);

 

(h)        19 DCMR § 1524.6 (failure to promptly remediate a bee swarm);

           

(i)                 19 DCMR § 1525.1 (failure to locate a hive as required from a property line);

                       

(j)         19 DCMR § 1525.1d (failure to secure annual written approval from neighbors within 30 feet of the proposed hive when hive distance requirements aren’t met)

 

(k)        19 DCMR § 1525.2 (failure to provide an adequate flyway barrier);

 

(l)         19 DCMR § 1525.3 (failure to obtain written permission from the Department to keep more than four (4) hives on any one-quarter acre lot (10,890 square feet));

 

(m)       19 DCMR § 1526.2 (violation of the ban on the keeping of Africanized bees);

 

(n)        19 DCMR § 1526.3 (failure to re-queen a colony with a marked queen in a colony that exhibits unusual aggressive characteristics);

 

(o)        19 DCMR § 1527.1 (failure to take measures to control the spread of bee disease);

                       

(p)        19 DCMR § 1527.2 (failure to quarantine a colony that is suspected to have American foulbrood or other bee disease that may pose a risk to the colony, environment, or public health);

 

            (q)        19 DCMR § 1527.3 (failure to notify the Department of a quarantined       colony);

 

            (r)        19 DCMR § 1527.4 (removing bees, colonies, and equipment from a           quarantined area); or

 

            (s)        19 DCMR § 1527.8 (failure to properly destroy a colony with American     foulbrood or any untreatable disease).