D.C. Mun. Regs. r. 20-104
Current through Register Vol. 71, No. 25, June 21, 2024
104.1 Upon the presentation of appropriate credentials to the owner, agent in charge, or tenant, the Department shall have the right, subject to § 104.3 of this section, to enter a premise or inspect an activity reasonably believed to be subject to the air quality regulations to determine compliance with the requirements of the air quality regulations. The right of entry shall be for the following purposes:
(a) Inspection, including the right to inspect and copy records related to compliance with the air quality regulations ;104.2 The Department may:
(a) Investigate and take testimony under oath regarding any report of noncompliance with a federal or District law or regulation applicable to air pollution control; and(b) In addition to the requirements of Chapter 5 of Title 20 DCMR, require a person or entity subject to the air quality regulations, or who the Department reasonably believes may have information necessary to carry out the purposes of the air quality regulations, on a one-time, periodic, or continuous basis to: (1) Establish, maintain, and submit records and reports;(2) Install, use, and maintain monitoring equipment, and use audit procedures or methods;(3) Take samples in accordance with such procedures or methods, at such locations, at such intervals, during such periods, and in such manner as the Department shall prescribe;(4) Keep records on control equipment parameters, production variables, or other indirect data as appropriate;(5) Submit compliance certifications; and(6) Provide other information as the Department may require.104.3 If the Department is denied access to enter or inspect the premises in accordance with this section, the Department may apply to the Superior Court of the District of Columbia or the Office of Administrative Hearings pursuant to § 12(b)(12) of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code § 2-1831.09(b)(12) ) for a search warrant.
D.C. Mun. Regs. r. 20-104
Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, §10432 DCR 562, 569 (February 1, 1985); Amended by Final Rulemaking published at 67 DCR 6758 (6/5/2020)