D.C. Mun. Regs. tit. 20, r. 20-2503

Current through Register Vol. 71, No. 36, September 6, 2024
Rule 20-2503 - ENTRY FOR RESPONSIVE OR CORRECTIVE ACTION
2503.1

Pursuant to the Brownfields Revitalization Amendment Act of 2000, effective April 8, 2011 (D.C. Law 18-369; D.C. Official Code §§ 8-631et seq.), in the event of an application, spill, or release of a pesticide, or an alleged or threatened violation of the law and rules described in § 2500.1, the District Department of the Environment (Department) may, under the following circumstances, enter any place or vehicle to perform, or cause to be performed, any responsive or corrective action necessary to protect public health, safety, or welfare, or the environment:

(a) In a situation that requires immediate action by the Department to protect public health, safety, welfare, or the environment; or
(b) Where the person responsible for the application, spill, release or alleged violation has failed or refused to comply with an administrative or court order requiring responsive or corrective action.
2503.2

Except as provided in § 2503.3, the Department shall provide notice in writing of the Department's intent to enter the premises or vehicle to take responsive or corrective action to the owner, applicator, dealer, operator, supervisor, employee, or agent in charge at least seven (7) days before commencing work, and shall serve the notice personally or by first class mail, or where such service cannot be accomplished, by publication or posting.

2503.3

When an application, spill, or release of a pesticide, or an alleged or threatened violation of the law and rules described in § 2500.1, creates an imminent threat to public health, safety, or welfare, or the environment necessitating response or corrective action, and the emergency nature of the situation makes it impractical to give prior notice as described in § 2503.2, the Department may provide notice by conspicuously posting the notice on the property at the earliest time feasible, before commencing work.

D.C. Mun. Regs. tit. 20, r. 20-2503

Section 11 of the Pesticide Operations Act of 1977, D.C. Law 2-70, 25 DCR 6867, 6888 (February 17, 1978); amended by Final Rulemaking published at 62 DCR 3340 (3/20/2015)