District of Columbia Administrative Code

PRIVATE 2314 RECIPROCITY OF CERTIFICATION tc \l 2 "2310 RECIPROCITY OF CERTIFICATION " 2314.1 The Department may certify a nonresident of the District of Columbia who is certified by a state under a certification plan that has been approved by the Environmental Protection Agency …

2399 DEFINITIONS 2399.1 The meanings ascribed to the definitions appearing in § 2299 of Chapter 22 of this title shall apply to the terms in this chapter. SOURCE: Final Rulemaking published at 62 DCR 3340 (March 20, 2015). District of Columbia Municipal Regulations Environment 20…

2400 GENERAL PROVISIONS 2400.1 No person shall act in the capacity of a pesticide operator, or advertise as, or assume to act as a pesticide operator, at any time unless the person is certified and licensed by the Department in accordance with the Pesticide Operation Regulations,…

PRIVATE 2401 PESTICIDE OPERATORS: CERTIFICATION AND LICENSING tc \l 2 "2401 APPLICATION FOR LICENSE " 2401.1 Application for a pesticide operator’s certification shall be made in writing on a form prescribed by the Department. 2401.2 Each application for a pesticide operator’s ce…

PRIVATE 2402 PESTICIDE OPERATORS: LIABILITY INSURANCE tc \l 2 "2403 LIABILITY INSURANCE " 2402.1 The Department shall only issue a pesticide operator’s license when the applicant has provided proof of liability insurance for the protection of persons who may suffer damages as a r…

2403 PESTICIDE DEALERS: LICENSING 2403.1 Except as provided in § 2403.8, any person who distributes restricted-use pesticides to the ultimate user in the District of Columbia shall obtain a pesticide dealer’s license from the Department. 2403.2 Each manufacturer, registrant, or d…

2499 DEFINITIONS 2499.1 The meanings ascribed to the definitions appearing in § 2299 of Chapter 22 of this title shall apply to the terms in this chapter. SOURCE: Final Rulemaking published at 62 DCR 3340 (March 20, 2015). District of Columbia Municipal Regulations Environment 20…

2500 GENERAL ADMINISTRATIVE AND ENFORCEMENT AUTHORITY 2500.1 This chapter applies to the administration and enforcement of the Pesticide Operations Act of 1977, effective April 18, 1978, as amended (D.C. Law 2-70; D.C. Official Code §§ 8-401 et seq.), and of the rules promulgated…

2501 RIGHT OF ENTRY, INSPECTION, SAMPLING, AND OBSERVATION 2501.1 For the purposes of carrying out and enforcing the law and rules described in § 2500.1, the Department shall have the right, upon presentation of appropriate credentials, to enter, inspect, sample, and observe, wit…

2502 ENTRY FOR INSPECTION, SAMPLING, AND OBSERVATION 2502.1 Upon entry, the Department may do any of the following: (a) Inspect the place or vehicle where the pesticide, pesticide equipment, or device is located, or will be located; any areas involved in pesticide control activit…

2503 ENTRY FOR RESPONSIVE OR CORRECTIVE ACTION 2503.1 Pursuant to the Brownfield Revitalization Amendment Act of 2000, effective April 8, 2011 (D.C. Law 18-369; D.C. Official Code § 8-631.01 et seq.), in the event of an application, spill, or release of a pesticide, or an alleged…

2504 ENFORCEMENT 2504.1 With respect to a matter governed by Chapters 22 through 25 of this title, a person adversely affected or aggrieved by an enforcement action of the Department shall exhaust administrative remedies by timely filing an administrative appeal with, and request…

2505 WARNING NOTICES; FIELD NOTICES OR DIRECTIVE LETTERS; STOP SALE, USE, OR REMOVAL ORDERS; NOTICES OF VIOLATION 2505.1 A warning notice; field notice; directive letter; stop sale, use, or removal order; or a notice of violation shall identify the alleged violation or threatened…

2506 COMPLIANCE ORDER 2506.1 The Department may issue a compliance order if the respondent upon whom a warning notice; field notice; directive letter; stop sale, use, or removal order; or a notice of violation has been served fails to comply with any actions required in the notic…

2507 DENIAL, SUSPENSION, MODIFICATION, AND REVOCATION OF CERTIFICATION AND LICENSE 2507.1 The Department shall initiate an action denying, suspending, modifying, or revoking a certification or license by issuing a notice of denial, suspension, modification, or revocation. 2507.2 …

2508 CONDEMNATION PROCEEDINGS 2508.1 In addition to the enforcement actions set forth in this chapter, the Department may seize for confiscation by a process in rem for condemnation, any pesticide, pesticide device or equipment that is being transported or, having been transporte…

2509 PENALTIES AND INJUNCTIVE RELIEF FOR FAILURE TO COMPLY WITH FINAL ADMINISTRATIVE ORDER 2509.1 The Department may seek a temporary restraining order, preliminary injunction, permanent injunction, or other appropriate relief in any court of competent jurisdiction, or any admini…

2510 CIVIL INFRACTION FINES, PENALTIES, AND FEES PURSUANT TO THE DEPARTMENT OF CONSUMER AND REGULATORY AFFAIRS CIVIL INFRACTIONS ACT 2510.1 A person violating a provision of the Pesticide Operations Act of 1977, effective April 18, 1978, as amended (D.C. Law 2-70; D.C. Official C…

2511 JUDICIAL ACTION IN LIEU OF ADMINISTRATIVE ENFORCEMENT 2511.1 The Department may bring an action in Superior Court of the District of Columbia to enjoin the violation or threatened violation of any provision of the law or rules described in § 2500.1. SOURCE: Final Rulemaking …

2512 SETTLEMENT AGREEMENTS AND CONSENT COMPLIANCE ORDERS 2512.1 At any time after the issuance of a notice or order listed in § 2504.2, the parties to the proceeding may enter into a settlement agreement or consent compliance order. 2512.2 A settlement agreement or consent compli…

2513 COMPUTATION OF TIME 2513.1 Except as provided in § 2219.2, this section applies to all periods of time prescribed or allowed by the Pesticide Operation Regulations, Chapters 22 through 25 of this title. 2513.2 In computing any period of time measured in days or calendar days…

2514 LICENSE RENEWAL 2514.1 The Department will mail each license holder an application for renewal of a license not less than thirty (30) days before the expiration of the current license period. 2514.2 Failure to receive an application to renew a license shall not relieve the l…

2515 PESTICIDE EDUCATION REPORTING 2515.1 [RESERVED]. SOURCE: Final Rulemaking published at 62 DCR 3340 (March 20, 2015); as amended by Final Rulemaking published at 73 DCR 001173 (February 6, 2026). District of Columbia Municipal Regulations Environment 20 DCMR § 2515 AUTHORITY:…

2516 RECORDKEEPING AND REPORTING REQUIREMENTS 2516.1 Any person applying pesticides, other than those excluded in Subsection 2300.8 (a), (b), or (d), shall maintain records for a minimum of two (2) years containing the following information: (a) Name or identification of applicat…

2517 RECORDS OF RESTRICTED USE PESTICIDES 2517.1 Dealers of restricted use pesticides shall keep and maintain for a period of three (3) years records of each transaction involving restricted use pesticides and shall then transfer the records to the Department. 2517.2 For each res…

2518 PESTICIDE REGISTRATION FEES AND TERMS 2518.1 The registration for each pesticide registered pursuant to §§ 2202 and 2203 shall be issued for a period of one (1) year, beginning on January 1 and expiring on December 31. 2518.2 The annual registration fee for each pesticide sh…

2519 CERTIFICATION EXAMINATION FEES 2519.1 A thirty-dollar ($30) fee shall be charged for the core certification and each category examination for registered technicians and pesticide applicators. 2519.2 A ten-dollar ($10) fee shall be charged for each re-examination session. 251…

2520 PESTICIDE CERTIFICATION AND LICENSING FEES AND TERMS 2520.1 Except as provided in § 2520.2, pesticide certifications are valid for a period of one (1) year. 2520.2 Pesticide certifications issued pursuant to § 2307 are valid for a period of two (2) years. 2520.3 Beginning Ja…

2599 DEFINITIONS 2599.1 The meanings ascribed to the definitions appearing in § 2299 of Chapter 22 of this title shall apply to the terms in this chapter. SOURCE: Final Rulemaking published at 62 DCR 3340 (March 20, 2015). District of Columbia Municipal Regulations Environment 20…

2600 GENERAL PROVISIONS 2600.1 This chapter shall apply to manufacturers and retail and wholesale dealers of cigarettes sold or offered for sale in the District of Columbia after July 1, 2008, except as provided in § 2600.3. 2600.2 This chapter governs the possession, manufacture…

2601 FIRE-STANDARD-COMPLIANT CIGARETTES 2601.1 No person shall sell or offer for sale a cigarette unless: (a) The cigarette has been tested by a method approved under § 2602; (b) The cigarette satisfies the performance standards required by § 2602; (c) The cigarette manufacturer …

2602 TESTING AND PERFORMANCE STANDARDS 2602.1 The testing methods and performance standards for cigarettes to be sold or offered for sale in the District shall be as follows: (a) A laboratory that conducts a test under this section shall implement a quality control and quality as…

2603 CERTIFICATION, PACKAGING, AND MARKING 2603.1 A manufacturer shall submit a written certificate to the Chief attesting that its cigarettes have been tested according to an approved method under § 2602 and has achieved the required performance standard for sale in the District…

2604 DATA REQUIREMENTS 2604.1 A manufacturers shall retain and make data available as follows: (a) Retain data from tests conducted on cigarettes that are offered for sale in the District pursuant to this chapter for three (3) years; and 2. Make data available to the Chief and th…

2605 PENALTIES 2605.1 A manufacturer or wholesale dealer who knowingly fails to comply with the provisions of the Act or of this chapter shall be subject to a civil penalty not to exceed ten thousand dollars ($10,000) for each violation and not to exceed one hundred thousand doll…

2606 INSPECTIONS 2606.1 Inspections of wholesale and retail dealers shall be conducted on a random basis by the Chief or any other law enforcement or government entity authorized by the Chief. SOURCE: Final Rulemaking published at 54 DCR 10012 (September 26, 2008).

2699 DEFINITIONS 2699.1 When used in this chapter, the following terms shall have the meanings ascribed: Act - the Fire-Standard-Compliant Cigarettes Act of 2008, effective May 13, 2008 (D.C. Law 17-157; D.C. Official Code § 7-1751 et seq.). Chief - the Chief of the Fire and Emer…

2700 GENERAL PROVISIONS 2700.1 It is the declared public policy of the District that every person is entitled to ambient noise levels that are not detrimental to life to life, health, and enjoyment of his or her property. It is hereby declared that excessive or unnecessary noises…

2701 MAXIMUM SOUND LEVELS 2701.1 Except for person engaged in the noise-producing activities that are subject §§ 2702 through 2704, and §§ 2800 through 2807 of this subtitle, no person shall cause, suffer, or permit any sound that emanates from an operation, activity, or noise so…

2702 EXEMPTIONS: PRE-EXISTING SOURCES 2702.1 Sounds emanating from pre-existing sources shall, to the extent indicated, be exempt from the specific noise limitations contained in § 2701 of this chapter; Provided, that the exemption shall not preclude enforcement under any other s…

2703 EXEMPTIONS: VEHICLES USING ONLY RAILS AND TRACKS 2703.1 Sounds emanating from vehicles using only rails and tracks shall, to the extent indicated, be exempt from the specific noise limitations contained in § 2701 of this chapter; Provided, that the exemption shall not preclu…

2704 EXEMPTIONS: MISCELLANEOUS 2704.1 Sounds emanating from the sources covered in this section shall, to the extent indicated, be exempt from the specific noise limitations contained in § 2701 of this chapter; Provided, that no exemption shall preclude enforcement under any othe…

2705 VARIANCES AND TEMPORARY EXEMPTIONS 2705.1 The Mayor, upon application by a person, may grant a variance or a temporary exemption from the maximum permissible noise levels or time limitations established in the Act when strict compliance with these provisions would impose an …

2706 VARIANCE PROCEDURES 2706.1 Any person seeking a variance shall do so by filing with the Mayor a petition for a variance which shall be accompanied by plans, specifications, and other pertinent data as the Mayor may require, sufficient in scope to allow determination of the n…

2707 TEMPORARY EXEMPTION PROCEDURES 2707.1 A person may apply to the Mayor for a temporary exemption from the maximum permissible noise levels or the time limits established by the Act. 2707.2 If the applicant is required to obtain a building permit from the District government, …

2710 NOTICE OF VIOLATIONS 2710.1 Whenever the Mayor has reason to believe that a violation of any provision of the Act has occurred, he or she may, in lieu of or in addition to any other enforcement procedure, give notice of the alleged violation to the person or persons responsi…

2711 EMERGENCY PROCEDURES 2711.1 If the Mayor finds that any person is acting in a manner that constitutes a violation of the Act, the Mayor may order the person to cease and desist. 2711.2 Failure to comply with the order shall be a violation of the Act; Provided, that failure t…

2712 INTERFERENCE WITH MEASUREMENT 2712.1 It shall be unlawful for any person to refuse, prevent, or interfere with any lawful physical determination or measurement authorized by the Act; Provided, that the provisions of § 2712.2 are complied with. 2712.2 No District government o…