D.C. Mun. Regs. tit. 21, r. 21-1506

Current through Register 71, No. 45, November 7, 2024

Rule 21-1506 - RIGHT OF ENTRY

1506.1

For the purposes of inspection, observation, measurement, sampling and testing, WASA or WASA's authorized representative shall have the right to enter upon or through any premises to determine compliance with this chapter. This right to enter and inspect shall be in accordance with section 9 of the Wastewater System Regulation Amendment Act of 1985 (D.C. Law 6-95; D.C. Official Code § 8-105.08 (2008 Repl. & 2011 Supp.)).

1506.2

Any temporary or permanent obstruction to safe and easy access to a facility to be inspected and/or sampled shall be promptly removed by the Industrial User at the request of WASA and shall not be replaced. The cost of clearing such obstructions shall be the responsibility of the Industrial User.

1506.3

Where an Industrial User has security measures in place which would require proper identification and clearance before entry, the Industrial User shall make the necessary arrangements so that upon presentation of suitable identification, WASA, or WASA's authorized representative, will be permitted entry without delay.

1506.4

Appropriate credentials for making an inspection shall include:

(a) A duly issued photo identification card showing the name of the inspector and proof of employment with WASA; or

(b) A WASA authorized representative with a photo identification and a notice of inspection issued by WASA, containing the following information:

(1) Name of the Industrial User;

(2) Address of the place or identification of the facility to be inspected;

(3) Date of the inspection;

(4) Name of the WASA authorized representative; and

(5) Signature of the WASA official.

1506.5

Entry by WASA or WASA's authorized representative may be made with or without notice, as follows:

(a) At any time, in emergency situations, or where there is a potential immediate threat to human health and safety, the environment or the District's wastewater system; or

(b) At any reasonable time in non-emergency situations. The following times shall be deemed reasonable for the purpose of entry:

(1) Between the hours of 7:30 a.m. and 6:00 p.m. on weekdays; and

(2) Any hour during which the facility is open for business or operation.

1506.6

Unreasonable delays in allowing WASA or WASA's authorized representative access to the Industrial Users premises shall constitute a violation of the Act and this chapter.

D.C. Mun. Regs. tit. 21, r. 21-1506

Final Rulemaking published at 33 DCR 6194, 6198 (October 10, 1986); as amended by Final Rulemaking published at 47 DCR 2948 (April 28, 2000); as amended by Notice of Final Rulemaking published at 59 DCR 1021, 1048 (February 10, 2012)

The Notice of Final Rulemaking published at 59 DCR 1021 (February 10, 2012) amended chapter 15 in its entirety , including renaming many of the sections. Section 1506 is formerly entitled "Permit Conditions."

Authority: The Board of Directors (the Board) of the District of Columbia Water and Sewer Authority (DC Water or WASA) pursuant to the authority set forth in the Water and Sewer Authority Establishment and Department of Public Works Reorganization Act of 1996, effective April 18, 1996 (D.C. Law 11-111; D.C. Official Code §§ 34-2201.01, et seq.(2010Repl.)) and the Wastewater System Regulation Amendment Act of 1985, effective March 12, 1986 (D.C. Law 6-95; D.C. Official Code §§ 8 -105, et seq. (2008 Repl. & 2011 Supp.)).