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Title 20 District of Columbia Municipal Regulations

CHAPTER 6 PARTICULATES

604 OPEN BURNING 

604.1 Open fires shall be prohibited, except as otherwise provided by § 604.2. 

604.2 Open fires may be permitted for one (1) or more of the following reasons or purposes: 

(a) The performance of an official duty by any public health or public safety officer, 

after notification to the Mayor; 

(b) Prevention of a fire hazard which cannot be abated by other means; 

(c) Instruction of public fire fighters under the supervision of a designated fire 

marshal; 

(d) Recreational purposes, including the cooking of food for human consumption on 

other than commercial premises; or 

(e) Providing warmth for construction or other workers by use of Salamander heaters 

or other heating devices approved by the Mayor. 

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165 (D.C. 

Act 5-230) published at 32 DCR 565, 609 (February 1, 1985). 

605 CONTROL OF FUGITIVE DUST 

605.1 Reasonable precautions shall be taken to minimize the emission of any fugitive dust 

into the outdoor atmosphere. The reasonable precautions shall include, but not be limited to, 

the following: 

(a) In the case of unpaved roads, unpaved roadways, and unpaved parking lots; 

(1) Use of binders, chemicals, or water in sufficient quantities and at 

sufficient frequencies to prevent the visible emission of dust due to the 

movement of vehicles or of the wind; and 

(2) Prompt clean-up of any dirt, earth, or other material from the vicinity of 

the road, roadway, or lot which has been transported from the road, roadway, 

or lot due to anthropogenic activity or due to natural forces. 

(b) In the case of paved roads, paved roadways, and paved parking lots: Maintenance 

of the road, roadway, lot, or paved shoulder in a reasonably clean condition through 

reasonably frequent use of water, sweepers, brooms, or other means, through 

reasonably frequent removal of accumulated dirt from curb-side gutters, through 

reasonably prompt repair of pavement, or through any other means; 

(c) In the case of vehicles transporting dusty material or material which is likely to 

become dusty: 

(1) Fully covering the material in question, with a tarpaulin or other material; 

and 

(2) Operation, maintenance, and loading of the vehicle, distribution of the 

loaded material on or in the vehicle, and limiting the quantity of material 

loaded on or in the vehicle, so that there will be no spillage of the material 

onto the roads; 

(d) In the case of vehicles which accumulate dirt on the wheels, undercarriages, and 

other parts of the vehicle, due to the movement of the vehicle on dusty, dirty or 

muddy surfaces: Water washing of all of the dirty parts of the vehicle to thoroughly 
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remove the dirt before or immediately after the vehicle leaves the dusty, dirty, or 

muddy surface; 

(e) In the case of the demolition of buildings or structures: Use, to the extent possible, 

of water; 

(f) In the case of removal of demolition debris which is dusty or likely to become 

dusty: Use of water to thoroughly wet the material before moving or removing the 

material and keeping it wet or otherwise in a dust-free condition until eventual 

disposal; 

(g) In the case of loading and unloading of dusty material and in the case where dry 

sand-blasting or dry abrasive cleaning is necessary: Use of enclosed areas or hoods, 

vents, and fabric filters. If it is shown to the satisfaction of the Mayor that use of 

enclosed areas, hoods, vents, and fabric filters is not possible, alternate control 

techniques acceptable to the Mayor and designed to minimize the emissions to the 

extent possible shall be utilized; and 

(h) In the case of stockpiles of dusty material: Use, where possible, of closed silos, 

closed bins or other enclosures which are adequately vented to fabric filters. Where 

the use of closed silos, closed bins, or other enclosures is not possible, thorough 

wetting of the material before loading onto the stockpile and keeping the stockpile 

wetted, covered, or otherwise in a non-dusty condition. 

605.2 The emission of fugitive dust from the following is prohibited: 

(a) Any material handling, screening, crushing, grinding, conveying, mixing, or other industrialtype operation or process;

(b) Heater-planers in repairing asphaltic concrete pavements; 

(c) Portable tar-melters, unless close-fitting lids, in good repair, for the tar-pots are 

available and are used; 

(d) The ventilation of any tunnelling operation; or 

(e) The cleaning of exposed surfaces through the use of compressed gases. 

605.3 All persons shall comply with the provisions of this section and those of the Soil Erosion and 

Sedimentation Control Act of 1977 (D.C. Law 2-23). 

605.4 In those circumstances where it is not possible to comply with specific provisions of both this section 

and the Soil Erosion and Sedimentation Control Act of 1977 (D.C. Law 2-23), the provisions of the Soil 

Erosion and Sedimentation Control Act of 1977 (D.C. Law 2-23), shall prevail. 

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165 (D.C. 

Act 5-230) published at 32 DCR 565, 610 (February 1, 1985).

CHAPTER 8 ASBESTOS, SULFUR AND NITROGEN OXIDES

801 SULFUR CONTENT OF FUEL OILS

801.1 The purchase, sale, offer for sale, storage, transport, or the use of, fuel oil which contains more 

than one percent (1%) sulfur by weight in the District is prohibited, if the fuel oil is to be burned in 

the District.

SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165 

Section 802.32 DCR 565, 645 (February 2005)