Title 8 — Environmental and Animal Control and Protection.

(a) Notwithstanding any other provision of this subchapter, any person who knowingly or willingly violates the provisions of this subchapter, or its implementing rules, shall be subject, upon conviction, to a fine of not more than $ 25,000 for each day of each violation, imprison…

Nothing in this subchapter is intended to, or does, create a private right of action against the government of the District of Columbia and its officers, employees, agents, representatives, contractors, successors, and assigns based upon compliance or noncompliance with its provi…

(a) Except as otherwise provided, the Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this subchapter. (b) Notwithstanding the requirements of § 2-552(c), where the Mayor chooses to adopt a federal regulati…

The presence of loose or peeling paint in residential premises in violation of the housing code regulations codified in Title 14 of the District of Columbia Municipal Regulations which constitutes a lead-based paint hazard under this subchapter, shall be enforced by the Mayor acc…

The remedies under this subchapter do not supplant rights and remedies that may be available against property owners and other liable parties under the common law.

The Mayor is authorized to take actions necessary to obtain authorization from the United States Environmental Protection Agency for the Mayor to administer and enforce state programs pursuant to the Renovation, Repair and Painting and Pre-Renovation Education programs under Part…

For the purposes of this subchapter, the term: (1) “Distributor” means a company that has a contractual relationship with one or more producers to market and sell paint to retailers in the District. (2) “Environmentally sound management practices” means procedures for the collect…

(a) By April 1, 2016, a producer of paint sold at retail in the District, or a representative organization in which the producer is a member, shall submit a plan for the establishment of a paint stewardship program to the Mayor for approval. The plan shall: (1) Minimize District …

(a) Beginning September 1, 2016, or within 2 months of the Mayor’s first website publication of the list required under § 8-233.04(d), whichever is later, a retailer shall not sell or offer for sale paint to a person in the District unless the producer or the paint brand was list…

(a) The Mayor shall review and determine whether to approve a paint stewardship program plan submitted under § 8-233.02 within 120 days of its receipt. The Mayor shall make the plan available for public review for at least 30 days before determining whether to approve the plan. (…

(a) Notwithstanding the provisions of Chapter 45 of Title 28, a producer or producers and a representative organization may negotiate, enter into agreements with, share the burdens of their operation with, and conduct business with each other in accordance with this subchapter in…

(a) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this subchapter. (b) The Mayor may impose civil fines and penalties as sanctions for violations of the provisions of this subchapter or any rules issu…

For the purposes of this chapter, the term: (1) “Director” means the Director of the District Department of the Environment. (2) “Dwelling unit” means a building or structure used or designed to be used, in whole or in part, as a living or sleeping place for one or more persons. …

(a) Consistent with applicable U.S. Environmental Protection Agency or U.S. Department of Labor, Occupational Safety and Health Administration guidelines and regulations relating to the assessment and remediation of mold, the Director shall: (1) Set a threshold level of indoor mo…

(a)(1) The Director shall issue licenses and may issue certifications for conducting indoor mold assessment and remediation in the District. (2) In licensing a person to conduct indoor mold assessment or remediation, the Director may recognize certification programs of other stat…

(a) A residential property owner who receives written or electronic notice from a tenant that indoor mold or suspected indoor mold exists in the dwelling unit or in a common area of the property shall inspect the property within 7 days and remediate the condition in accordance wi…

(a) In a private cause of action, claim, or defense by a tenant against a residential property owner for a violation of Title 12G of the District of Columbia Municipal Regulations (12G DCMR § 101G et seq.) (“Property Maintenance Code”) or Title 14 of the District of Columbia Muni…

Nothing in this chapter is intended to, or does, create a private right of action against the government of the District of Columbia and its officers, employees, agents, representatives, contractors, successors, and assigns based upon compliance or noncompliance with its provisio…

(a) There is established a special fund the Indoor Mold Assessment Fund, which shall be administered by the District Department of the Environment in accordance with subsection (c) of this section. (b) The Fund shall consist of the revenue from the fees collected in accordance wi…

The remedies under this chapter do not supplant rights and remedies that may be available against property owners and other liable parties under the common law.

The Mayor, pursuant to Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this chapter, including civil penalties or fines to enforce this chapter.

It shall be the duty of the owner, occupant, or agent in charge of any land in the City of Washington, or in the more densely populated suburbs of said City, to remove from such land any weeds thereon of 4 or more inches in height within 7 days (Sundays and legal holidays excepte…

Whenever there are upon any unoccupied land aforesaid weeds of 4 or more inches in height, and no person can be found in the District of Columbia who either is or claims to be the owner thereof, or who either represents or claims to represent such owner as aforesaid, the Mayor of…

Prosecutions under §§ 8-301 to 8-303 shall be in the Superior Court of the District of Columbia, upon information filed by the Corporation Counsel for said District or 1 of his assistants.

(a) In order further to control and eradicate and to prevent the dissemination of dangerous plant diseases and insect infections and infestations, no plant or plant products for or capable of propagation, including nursery stock, hereinafter referred to as plants and plant produc…

Any person who shall violate any of the provisions of §§ 151—154 [repealed], 156—161 [repealed] and 162—164a [repealed] of Title 7, United States Code, or who shall forge, counterfeit, alter, deface, or destroy any certificate provided for in said sections, or in the regulations …

As used in this subchapter: (a) The term “active ingredient” means: (1) In the case of a pesticide other than a plant regulator, defoliant, or desiccant, an ingredient which will prevent, destroy, repel, or mitigate any pest; (2) In the case of a plant regulator, an ingredient wh…

(a) Only those compounds that are registered with the Pesticide Registration Division of the Environmental Protection Agency shall be manufactured, sold, shipped, used, or applied in the District of Columbia, and they shall be used only in the manner or manners specified and appr…

(1) No person shall purchase, use, or supervise the use of any restricted use pesticide unless he is licensed by the Mayor in accordance with this chapter and the rules and regulations promulgated thereto, except that a registered employee may purchase and use such pesticides und…

(a) Before a pesticide is applied, the pesticide operator shall provide the customer with the following written information: (1) Name of pesticide operator; (2) Name of pesticide applicator applying pesticides if different from that of the operator; (3) District of Columbia pesti…

At least 24 hours, and not more than 7 days, before the application of pesticides on a multi-unit property, the owner of the property shall provide each resident and tenant of the property that will be treated with the information listed in § 8-403.01 by: (1) Delivering the infor…

(a) Any person applying pesticides to a lawn or to exterior landscape plants shall post at the time of application a sign containing a uniform statement approved by the Mayor. (b) The sign shall remain for 48 hours following the pesticide application, after which time the propert…

(a) If a pesticide designated by the Mayor as reduced-risk pursuant to subsection (b) of this subsection is applied, the operator shall indicate on the customer notice provided in § 8-403.01(a)(9) that the customer has selected a reduced-risk pesticide. (b) Within 6 months of Jun…

A certified applicator or registered technician, before applying a restricted-use pesticide outside the confines of an enclosed structure, shall take reasonable actions to give notice of the date and approximate time of any such pesticide application to property that abuts the pr…

(a) No person, except those acting as a private applicator or licensed as a commercial applicator, public applicator, or registered technician shall apply any pesticide in the District for a fee. (b) The application to become a licensed registered technician shall be made in writ…

(a) No person shall act in the capacity of, or advertise as, or assume to act as a pesticide dealer at any time unless he is licensed by the Mayor in accordance with this subchapter and the rules and regulations promulgated pursuant thereto. (b)(1) The Mayor shall provide for the…

(a) 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 he is licensed by the Mayor in accordance with this subchapter and the rules and regulations promulgated pursuant thereto. (b) Application …

(a) The Mayor shall not issue a pesticide operator’s license until the applicant has furnished evidence of financial responsibility in the form of liability insurance for the protection of persons who may suffer damages as a result of the operations of the applicant. (b) The amou…

(a) Except as otherwise provided, all District and other governmental agencies shall be subject to the provisions of this subchapter and to all rules and regulations promulgated pursuant thereto concerning the application of pesticides. (b) Public applicators for District and oth…

(a) Commercial applicators and pesticide operators shall maintain records containing the information the Mayor may promulgate by regulation. (b) Pesticide dealers shall maintain records containing such information as the Mayor shall promulgate by regulation to adequately identify…

(a) In denying a license or certificate, or before revoking, modifying, or suspending a license or certificate, the Mayor shall notify the applicant, licensee, or certificate holder in writing of the proposed action and the basis therefor. The grounds upon which the Mayor may den…

(a)(1) The Mayor shall administer and enforce the provisions of this chapter, and is authorized to promulgate, rescind, and amend regulations, after a public hearing following due notice in conformance with the provisions of subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.],…

(a) For the purpose of carrying out the provisions of this chapter, the Mayor may enter upon any public or private land in a reasonable and lawful manner during normal business hours for purposes of sampling, inspection, and observation. (b) If denied access to any land, the Mayo…

The Mayor may require the reporting of significant pesticide accidents or incidents to a designated District agency.

No person shall transport, store, or dispose of any pesticide or pesticide container in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, beneficial insects, or as to pollute any waterway in a way harmful to any wildlife therein. The Mayor shall …

The Mayor may waive all or part of any applicator certification examination required by this chapter and issue a license to a nonresident of the District of Columbia who is certified by a state under a certification plan that has been approved by the Administrator and which is su…

The Mayor may cooperate, receive grants-in-aid, and enter into agreements with any agency of the Federal Government or the District, or with any agency of a state, to obtain assistance in the implementation of this chapter, or in the enforcement of the FIFRA.

It shall be unlawful for any person to: (a) Make a pesticide recommendation or use a pesticide in a manner inconsistent with the labeling thereof, or in violation of the restrictions imposed by the Environmental Protection Agency or the Mayor on the use of that pesticide; (b) Fal…

(a) A person violating a provision of this subchapter or of a rule or regulation promulgated pursuant thereto, shall be fined according to the schedule set forth in Chapter 32 of Title 16 of the District of Columbia Municipal Regulations, or be imprisoned for not more than 90 day…

If any provision of this chapter is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the constitutionality of the remainder of this chapter and applicability thereof to other persons and circumstances shall not be affected the…