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DEPARTMENT OF HEALTH
NOTICE OF PROPOSED RULEMAKING
The Acting Director of the Department of Health, pursuant to the authority set forth in §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)(2006 Repl.)), § 908(d) of the Rodent Control Act of 2000, effective October 19, 2000 (D.C. Law 13-172; D.C. Official Code § 8-2103.05(d) (2008 Repl.)), and Mayor’s Order 2001-21, dated September 30, 2005, hereby gives notice of his intent to adopt the following amendments to chapter 36 of title 16 of the District of Columbia Municipal Regulations in not less than thirty (30) days.
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)), the proposed rules will be submitted to the Council of the District of Columbia for review and approval. This rule will become effective upon Council approval, or sixty (60) days after submission, if the Council has not disapproved the proposed rulemaking, and publication of the final rules in the D.C. Register.
This rule will amend section 3631 of title 16 of the District of Columbia Municipal Regulations by making technical corrections to reflect re-codification of certain provisions from title 22 to title 25, subtitle I and amending the schedule of fines for violations of 21 DCMR chapter 7, 25 DCMR A chapter 27 and 25 DCMR chapter 5, and D.C. Official Code § 8-2103.05 (2008 Repl.) related to rodent control.
Section 3631 of title 16 (Consumers, Commercial Practices & Civil Infractions) of the District of Columbia Municipal Regulations is amended to read as follows:
3631 RODENT CONTROL INFRACTIONS
3631.1 RESERVED
3631.2 RESERVED
3631.3 Violation of any of the following provisions shall be a Class 3 infraction:
(a) 21 DCMR § 700.3 (failure to properly containerize solid wastes);
(b) 21 DCMR § 705.3 (permitting spillage of waste from a container or collection vehicle at a point of collection);
(c) 21 DCMR § 707.3 (failure to provide a sufficient number of food waste containers);
(d) 21 DCMR § 707.9 (failure to properly store grease held for recycling or disposal);
(e) 21 DCMR § 707.11 (failure to use a properly constructed and properly maintained commercial waste container);
(f) 25 DCMR I § 200.1(a) (failure to comply with an order to provide vent stoppage of any rat-infested building or other structure or part thereof);
(g) 25 DCMR I § 200.1(b) (failure to comply with an order to remove trash or refuse from the premises which may provide rat harborage);
(h) 25 DCMR I § 200.1(c) (failure to comply with an order to protect food and garbage from rats);
(i) 25 DCMR I § 200.1(d) (failure to comply with an order to exterminate rats on the premises of buildings or other structures);
(j) 25 DCMR I § 200.4 (refusal to permit or interfering with inspections to determine the prevalence of rats);
(k) 25 DCMR A § 2705.1 (failure to have tight-fitting lid, door, or cover on a food waste receptacle);
(l) 25 DCMR A § 2705.2 (failure to install waste handling unit for refuse and recyclables in a manner that minimizes insect and rodent harborage and allows effective cleaning around and under the unit);
(m) 25 DCMR A § 2706.1 (failure to maintain sufficient storage capacity for refuse, recyclables, and returnables);
(n) 25 DCMR A § 2706.2 (failure to provide a waste receptacle in each area where refuse is generated or recyclables or returnables are placed);
(o) 25 DCMR A § 2706.3 (failure to place a waste receptacle in a lavatory where disposable towels are used);
(p) 25 DCMR A § 2710.1 (failure to store refuse, recyclables, and returnables in receptacles so they are inaccessible to insects and rodents);
(q) 25 DCMR A § 2712.1 (storage of unprotected plastic bags, paper bags, or baled units containing food residue outside);
(r) 25 DCMR A § 2712.2 (storage of packaging material in a way that creates a rodent harborage problem);
(s) 25 DCMR A § 2713.1 (failure to keep waste handling units covered when used inside and not in continuous use);
(t) 25 DCMR A § 2713.2 (failure to keep waste handling units for refuse, recyclables, and returnables covered with tight-fitting lids or doors when kept outside);
(u) 25 DCMR A § 2714.1 (failure to have a drain plug in place in a receptacle for refuse, recyclable, and returnables);
(v) 25 DCMR A § 2715.1 (failure to keep storage area for refuse, recyclables, and returnables clean and free of unnecessary equipment);
(w) 25 DCMR A § 2716.1 (failure to thoroughly clean receptacles and waste handling units for refuse, recyclables, and returnables);
(x) 25 DCMR A § 2716.2 (failure to clean receptacles and waste handling units for refuse, recyclables, and returnables frequently enough to prevent attracting insects and rodents);
(y) 25 DCMR A § 2717.1 (failure to remove refuse, recyclables, and returnables from the premises frequently enough to minimize objectionable odors and other conditions that attract or harbor insects and rodents);
(z) 25 DCMR A § 2717.2 (failure to maintain copies of waste removal contractor records);
(aa) 25 DCMR A § 2717.3 (failure to comply with a solid waste collection requirement of 21 DCMR chapter 7);
(bb) Section 908(c) of the Rodent Control Act of 2000 (D.C. Official Code § 8-2103.05(c)) (failure to use a licensed and certified pest controller to abate existing rodent populations due to the accumulation of debris on public or private property);
(cc) Section 908(b) of the Rodent Control Act of 2000 (D.C. Official Code § 8-2103.05(b)) (failure of an owner to comply with an order to take appropriate abatement measures if signs of past rodent harborage are found upon transfer or change of occupancy of real property); and
(dd) Section 908(c) of the Rodent Control Act of 2000, effective October 19, 2000 (D.C. Law 13-172; D.C. Official Code § 8-2103.05(c)) (failure to comply with an order to remove debris from public or private property).
3631.4 Violation of any of the following provisions shall be a Class 4 infraction:
(a) 21 DCMR § 708.10 (using plastic bags to store and dispose of solid waste other than yard waste; and
(b) Section 908(c) of the Rodent Control Act of 2000 (D.C Official Code § 8-2103.05(c)) (failure to comply with an order to keep grass or weeds cut to a height of less than eight (8) inches).
3631.5 Violation of 21 DCMR § 707.12 (failure to store pet food or bird seed in a rodent-proof container or remove uneaten food or feed remaining on the ground after birds and pets have been fed) shall be a Class 5 infraction.
Persons desiring to comment on these proposed rules should submit comments in writing to the Department of Health, Office of the General Counsel, 899 North Capitol Street, N.E., 5th Floor, Washington, D.C. 20002, no later than thirty (30) days after the date of publication of this notice in the D.C. Register. Copies of these proposed rules may be obtained between 8:30 a.m. and 5:00 p.m. at the address stated above.
