Title 8, Environmental and Animal Control and Protection.

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…

For the purposes of this subchapter, the term: (1) “Agriculture” means land whose primary purpose and use is to raise crops. (2) “Child-occupied facility” means a building or portion of a building which, as part of its function, receives children under the age of 6 years on a reg…

(a) The Department shall create and maintain lists of pesticides classified as District restricted-use. (b) Repealed. (c) The Department shall, through regulations, designate as District restricted-use any pesticide that: (1) When used as directed or in accordance with commonly r…

(a) Except as provided in § 8-434, no person or entity shall apply a pesticide to schools, child-occupied facilities, waterbody-contingent property, or District property; provided, that a person or entity may apply: (1) Minimum-risk pesticides or organic pesticides; and (2) Any p…

(a) Section 8-433 shall not apply to the use of a pesticide for the purpose of improving or maintaining water quality at: (1) Drinking water treatment plants; (2) Wastewater treatment plants; (3) Reservoirs and swimming pools; and (4) Related collection, distribution, and treatme…

The University shall provide: (a)(1) An educational course on integrated pest management, which shall occur at least once per month and at least once per year in each of the District's 8 wards; and (2) An educational course on integrated pest management specifically for pesticide…

Pesticide applicators shall submit to the Department records of pesticide applications to property in the District on an annual basis in a form that the Department shall prescribe; provided, that applications of minimum-risk and reduced-risk pesticides are exempt from this requir…

The Department shall set a pesticide registration fee of at least $300.

(a) There is established as a special fund the Pesticide Registration Fund (“Fund”), which shall be administered by the Department in accordance with subsection (c) of this section. (b) The Fund shall consist of revenue from fees collected pursuant to § 8-438 and other pesticide …

(a) A violation of this subchapter shall be a civil infraction for purposes of the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective July 16, 1985 (Law 6-42; D.C. Code § 2-1801.01 et seq.) (“Civil Infractions Act”). Civil fines, penalties, and…

(a) Within 570 days of October 23, 2012, the Mayor shall issue rules to implement the provisions of §§ 8-431 through 8-439. (b) For rules issued pursuant to § 8-432, the Department shall afford great weight to the decisions made pursuant to section 18 of the FIFRA [7 U.S.C. § 136…

As used in this chapter: (1) The term “mattress” includes any quilt, comfort, pad, pillow, cushion, or bag stuffed with hair, down, feathers, wool, cotton, excelsior, jute, or any other soft material and designed for use for sleeping or reclining purposes. (2) The term “person” m…

No person in the District of Columbia: (1) Who is a manufacturer or renovator of, or dealer in, mattresses shall sell, exchange, give away, or offer or have in his possession for sale, exchange, or gift, any mattress which bears any false or misleading label, statement, design, o…

The label required by § 8-502 shall consist of a tag which shall be sewed or otherwise securely attached to the mattress. In case the mattress has not been renovated the label shall contain in plain, legible print in the English language a statement showing: (1) the name and addr…

No dealer shall be prosecuted under the provisions of this chapter when he can establish a guaranty signed by the manufacturer residing in the United States from whom he purchases mattresses to the effect that the statements contained on the labels attached to such mattresses are…

Any person violating any provision of § 8-502 or § 8-507 shall, upon conviction thereof, be punished by a fine of not more than $500, or by imprisonment for not more than 6 months, or both. All prosecutions under this chapter, except as provided in § 8-504, shall be in the Superi…

Except as provided in § 8-505, the administration of this chapter shall be in charge of the Director of the Department of Human Services of the District of Columbia under the supervision of the Mayor. The Mayor is authorized to make such regulations as may be necessary for the ef…

It shall be the duty of the Director of the Department of Human Services of the District of Columbia, whenever he has reason to believe that any provision of this chapter is being or has been violated, to cause an investigation to be made. For the purpose of such investigation th…

If on inspection the Director of the Department of Human Services or his assistants find in the District of Columbia any mattress held for sale, exchange, or gift, or delivery in pursuance thereof, which has been used or is composed in whole or in part of materials which have for…

For the purposes of this chapter, the term: (1) "Flushable" means a nonwoven disposable product that: (A) Disperses in a short period of time after flushing in the low-force conditions of a sewer system; (B) Is not buoyant; and (C) Does not contain plastic or any other material t…

(a) After January 1, 2018, a manufacturer of a nonwoven disposable product for sale in the District shall not label the nonwoven disposable product as safe to flush, safe for sewer systems, or safe for septic systems, unless the nonwoven disposable product is flushable. (b) After…

(a) The Mayor may impose civil fines and penalties as sanctions for violations of the provisions of this chapter or any rules issued pursuant to this chapter, pursuant to Chapter 18 of Title 2. Enforcement and adjudication of an infraction shall be pursuant to Chapter 18 of Title…

The Department of Energy and Environment, pursuant to subchapter I of Chapter 5 of Title 2, shall issue rules to implement the provisions of this chapter, including rules to interpret § 8-521(2); provided, that rules to interpret § 8-521(2) shall be made in consultation with the …

A violation of this chapter shall not be a violation of Chapter 39 of Title 28.

It shall be unlawful for any person or persons to maintain, upon any original lot or any subdivisional lot, situated on any street in the District of Columbia, where there is a public sewer and watermain available for the use of such lot, any system of disposal of human excreta e…

No person shall, in the District of Columbia, erect or maintain a privy, or other means or system for the disposal of human excreta, except by means of waterclosets connected with a sewer and watermain, without having secured from the Director of the Department of Human Services …

The Council of the District of Columbia is hereby authorized and empowered to make, and the Mayor of the District of Columbia is hereby authorized and empowered to enforce, any such regulations as the Council deems necessary to regulate the design, construction, and maintenance o…

Any person who shall violate or aid or abet in violating any of the provisions of this chapter or of the regulations promulgated by the Council of the District of Columbia under this chapter shall be punished by a fine of not more than $50 or by imprisonment for not exceeding 15 …

The Council finds that the public interest is best served when the public health and the environment are protected by the cleanup of contaminated properties. Accordingly, the Council declares its policy is to: (1) Create incentives for the voluntary cleanup and redevelopment of c…

For the purposes of this chapter, the term: (1) “Applicant” means a person who submits an application to participate in the Voluntary Cleanup Program established by § 8-633.01. (1A) “Bona fide prospective purchaser” means a person, or tenant of a person, who acquires ownership of…