reglab/statecodes huggingface dataset:
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 2A - Paint Hazards and Paint Stewardship › Subchapter I - Lead-Hazard Prevention and Elimination › § 8–231.15. Serving of notice; civil penalties

§ 8–231.15. Serving of notice; civil penalties.
(a) Any notice or order served upon a respondent or other person pursuant to this subchapter may be personally served, delivered to the respondent’s or other person’s last known home or business address and left with a person of suitable age and discretion residing or employed therein, or mailed to the respondent or other person by first-class mail to the respondent or other person’s last known home or business address. When service is by mail, 5 additional days shall be added to the time period in the notice or order within which the respondent or other person may, or is required to, take any action specified in the notice order.
(b) Any violation of this subchapter or implementing rule is punishable by a civil penalty not to exceed $25,000 for each day of each offense. Each day a violation continues shall be deemed a separate offense.
(c) Civil infraction fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this subchapter or the rules issued under this subchapter pursuant to Chapter 18 of Title 2 [§ 2-1801 et seq.]. Adjudication of any infractions shall be pursuant to Chapter 18 of Title 2 [§ 2-1801 et seq.].
(d) In determining the severity of a civil penalty under subsection (a) of this section, the Superior Court of the District of Columbia shall take into account the nature, circumstances, extent, gravity, actual or potential harm to the environment, and actual or potential harm to human health, of the violation or violations and, with respect to the violator, ability to pay, any history of prior such violations, the degree of culpability, and such other matters as justice may require.
(e) The Attorney General for the District of Columbia may commence appropriate civil action in the Superior Court of the District of Columbia to secure a temporary restraining order, a preliminary injunction, a permanent injunction, or other appropriate relief to enforce compliance with the provisions of this subchapter.
(f) As specified by the Mayor in rulemaking, a person adversely affected by an action taken pursuant to the provisions of this subchapter, or the rules or regulations promulgated pursuant to this subchapter, is entitled to a hearing before the Mayor upon filing with the Mayor, within 15 calendar days of such action, a written request for a hearing. The hearing shall be held in accordance with § 2-509.
(Mar. 31, 2009, D.C. Law 17-381, § 16, 56 DCR 1596; Mar. 31, 2011, D.C. Law 18-348, § 2(k), 58 DCR 717.)
Section References
This section is referenced in § 8-231.05.
Effect of Amendments
D.C. Law 18-348 rewrote subsec. (a), which had read as follows: “(a) Any notice required by this chapter may be served upon an owner of the dwelling or agent of the owner in the same manner as a summons in a civil action or by registered or certified mail to his or her last known address or place of residence.”
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 2A - Paint Hazards and Paint Stewardship › Subchapter I - Lead-Hazard Prevention and Elimination › § 8–231.16. Criminal penalties

§ 8–231.16. Criminal penalties.
(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, imprisonment for not more than one year, or both.
(b) Falsification of information required by this subchapter shall be a violation of this subchapter.
(c) In determining the severity of a criminal penalty, the Superior Court of the District of Columbia shall take into account the nature, circumstances, extent, gravity, actual or potential harm to the environment, and actual or potential harm to human health of the violation or violations and, with respect to the violator, ability to pay, effect on ability to continue to do business, any history of prior such violations, the degree of culpability, and such other matters as justice may require.
(d) All prosecutions under this section shall be in the Superior Court of the District of Columbia in the name of the District of Columbia and shall be instituted by the Attorney General for the District of Columbia.
(Mar. 31, 2009, D.C. Law 17-381, § 17, 56 DCR 1596.)
Section References
This section is referenced in § 8-231.05.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 2A - Paint Hazards and Paint Stewardship › Subchapter I - Lead-Hazard Prevention and Elimination › § 8–231.17. No private right of action against the District

§ 8–231.17. No private right of action against the District.
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 provisions. No person or entity may assert any claim or right as a beneficiary or protected class under this subchapter in any civil, criminal, or administrative action against the District of Columbia.
(Mar. 31, 2009, D.C. Law 17-381, § 18, 56 DCR 1596.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 2A - Paint Hazards and Paint Stewardship › Subchapter I - Lead-Hazard Prevention and Elimination › § 8–231.18. Rulemaking

§ 8–231.18. Rulemaking.
(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 regulation as the District’s standard under this subchapter, the Mayor may do so by incorporating the federal regulation by reference in the Notice of Intent to take rulemaking action. When incorporating the federal regulation by reference, the notice shall include a specific indication of how and where a paper or electronic copy of such document may be inspected or obtained. Any amendments to the incorporated federal rules shall be deemed to be included in the District’s rules; provided, that after the initial adoption of the federal regulation, the Mayor shall annually issue a Notice of Intent to re-adopt the federal standard, in whole or in part, or announce an intent to adopt a different standard.
(Mar. 31, 2009, D.C. Law 17-381, § 19, 56 DCR 1596.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 2A - Paint Hazards and Paint Stewardship › Subchapter I - Lead-Hazard Prevention and Elimination › § 8–231.18a. Enforcement of housing code regulations

§ 8–231.18a. Enforcement of housing code regulations.
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 according to the provisions of this subchapter.
(Mar. 31, 2009, D.C. Law 17-381, § 19a; as added Mar. 31, 2011, D.C. Law 18-348, § 2(l), 58 DCR 717; Sept. 26, 2012, D.C. Law 19-171, § 61(c), 59 DCR 6190.)
Effect of Amendments
The 2012 amendment by D.C. Law 19-171 substituted “Enforcement of housing code regulations” for “Conforming amendment” in the section heading as enacted by D.C. Law 18-348.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 2A - Paint Hazards and Paint Stewardship › Subchapter I - Lead-Hazard Prevention and Elimination › § 8–231.19. Common law unaffected

§ 8–231.19. Common law unaffected.
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.
(Mar. 31, 2009, D.C. Law 17-381, § 20, 56 DCR 1596.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 2A - Paint Hazards and Paint Stewardship › Subchapter I - Lead-Hazard Prevention and Elimination › § 8–231.20. Authorization to seek delegation

§ 8–231.20. Authorization to seek delegation.
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 745 of Chapter 1 of Title 40 of the Code of Federal Regulations.
(Mar. 31, 2009, D.C. Law 17-381, § 20a; as added Mar. 31, 2011, D.C. Law 18-348, § 2(m), 58 DCR 717.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 2A - Paint Hazards and Paint Stewardship › Subchapter II - Paint Stewardship › § 8–233.03. Retailer obligations

§ 8–233.03. Retailer obligations.
(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 listed on the website maintained by the Mayor under § 8-233.04(d) on the date the paint was ordered from the paint producer or the producer’s agent.
(b) A paint retailer may participate on a voluntary basis as paint collection points pursuant to a paint stewardship program.
(Mar. 11, 2015, D.C. Law 20-205, § 4, 61 DCR 12587.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 2A - Paint Hazards and Paint Stewardship › Subchapter II - Paint Stewardship › § 8–233.04. Mayor’s responsibilities

§ 8–233.04. Mayor’s responsibilities.
(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.
(b) The Mayor may approve or deny the plan and may make approval of the plan contingent upon the removal, change, or inclusion of specific actions and practices, or the addition of paints covered under § 8-233.01(3).
(c) Within 60 days of submission of a report under § 8-233.02(f), upon a determination by the Mayor that the implementation of the approved plan fails to meet the requirements of this subchapter or regulations promulgated pursuant to this subchapter, the Mayor may request modifications to the producer of representative organization’s paint stewardship program plan. The Mayor may approve or deny the proposed modifications to the plan as set forth in subsection (b) of this section. The Mayor may impose civil penalties under § 8-233.06 upon a determination that the paint stewardship organization or producer is not complying with the modified plan.
(d) Within 7 days of approving a paint stewardship program plan, the Mayor shall list the producers and brands implementing or participating in the plan on the Mayor’s website.
(e) The Mayor shall impose an initial fee to be submitted with a proposed paint stewardship program plan under § 8-233.02(a) and an annual fee to be submitted thereafter in an amount sufficient to cover the costs of an agency reviewing a paint stewardship program plan, conducting inspections, and enforcing the provisions of this subchapter. Permit fees collected pursuant to this section shall not exceed the cost of implementing and enforcing this subchapter.
(f) Permit fees collected pursuant to this section shall be deposited in the Product Stewardship Fund established by § 1-325.381.
(Mar. 11, 2015, D.C. Law 20-205, § 5, 61 DCR 12587; Dec. 13, 2017, D.C. Law 22-33, § 6002(a), 64 DCR 7652.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 6002(a) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) amendment of this section, see § 6002(a) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 2A - Paint Hazards and Paint Stewardship › Subchapter II - Paint Stewardship › § 8–233.05. Immunity from liability; confidential information

§ 8–233.05. Immunity from liability; confidential information.
(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 ways that may affect competition. No producer or representative organization shall be prosecuted, held liable, or subject to penalties or damages under Chapter 45 of Title 28 for actions conducted in accordance with this subchapter.
(b) Financial, production, and sales data reported to the Mayor by a producer or representative organization shall not be subject to disclosure under subchapter II of Chapter 5 of Title 2 [§ 2-531 et seq.] or any other law or regulation; provided, that the Mayor may release a summary form of the data that does not disclose individual producer information.
(Mar. 11, 2015, D.C. Law 20-205, § 6, 61 DCR 12587.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 2A - Paint Hazards and Paint Stewardship › Subchapter II - Paint Stewardship › § 8–233.06. Rules; enforcement

§ 8–233.06. Rules; enforcement.
(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)(1) The Mayor may impose civil fines and penalties as sanctions for violations of the provisions of this subchapter or any rules issued under the authority of this subchapter, pursuant to Chapter 18 of Title 2 [§ 2-1801.01 et seq.] (“Civil Infractions Act”). Enforcement and adjudication of an infraction shall be pursuant to the Civil Infractions Act.
(2) Revenue generated from the enforcement of this subchapter shall be deposited in the Product Stewardship Fund established by § 1-325.381.
(c) In addition to the enforcement authority provided in subsection (b) of this section, the Mayor may seek injunctive relief or other appropriate remedy in any court of competent jurisdiction to enforce compliance with the provisions of this subchapter.
(Mar. 11, 2015, D.C. Law 20-205, § 7, 61 DCR 12587; Dec. 13, 2017, D.C. Law 22-33, § 6002(b), 64 DCR 7652.)
Emergency Legislation
For temporary (90 days) amendment of this section, see § 6002(b) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) amendment of this section, see § 6002(b) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 2B - Residential Indoor Mold Assessment and Remediation › § 8–241.01. Definitions

§ 8–241.01. Definitions.
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.
(3) “Indoor mold assessment professional” means an indoor mold assessor certified and licensed by the District in accordance with §  8-241.03.
(4) “Indoor mold” means living or dead fungi or related products or parts, including spores hyphae, and mycotoxins, on an interior surface of a building, including common spaces, utility spaces, HVAC, or other systems.
(5) “Indoor mold contamination” means indoor mold at or above the threshold established under §  8-241.02(a)(1).
(6) “Indoor mold remediation professional” means an indoor mold remediator certified and licensed by the District in accordance with §  8-241.03.
(7) “Professional indoor mold assessment” means an indoor mold assessment conducted by an indoor mold assessment professional.
(8) “Professional indoor mold remediation” means an indoor mold remediation conducted by an indoor mold remediation professional.
(Sept. 9, 2014, D.C. Law 20-135, § 302, 61 DCR 6767.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 2B - Residential Indoor Mold Assessment and Remediation › § 8–241.02. Indoor mold assessment and remediation standards

§ 8–241.02. Indoor mold assessment and remediation standards.
(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 mold contamination that requires professional indoor mold remediation at residential properties;
(2) Establish scientific and objective methods to be used by individuals certified by the District when conducting an indoor mold assessment;
(3) Establish minimum performance standards and work practices for conducting professional indoor mold remediation in the District; and
(4) Establish guidelines for the removal of indoor mold below the threshold set by paragraph (1) of this subsection.
(b) When professional indoor mold remediation is required under §  8-241.04 because a professional indoor mold assessment found indoor mold contamination at a property, the Director may require the property owner to provide a remediation report from an indoor mold remediation professional to the tenant and to the Department of the Environment.
(Sept. 9, 2014, D.C. Law 20-135, § 303, 61 DCR 6767; Mar. 16, 2021, D.C. Law 23-188, § 2(a), 68 DCR 001227.)
Applicability
Applicability of D.C. Law 23-188: § 5 of D.C. Law 23-188 provided that the change made to this section by § 2(a) of D.C. Law 23-188 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 2B - Residential Indoor Mold Assessment and Remediation › § 8–241.03. Certification of mold assessment and remediation professionals

§ 8–241.03. Certification of mold assessment and remediation professionals.
(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 states or independent bodies that the Director determines to be sufficient to ensure professional conduct of indoor mold assessment or remediation.
(b) No person shall engage in the business of residential indoor mold assessment or remediation unless the person is certified and licensed in accordance with requirements promulgated by the Director.
(c) The Director shall maintain a publicly available list of all certified indoor mold assessment and remediation professionals in the District.
(d) The Director shall establish reasonable and necessary fees to administer this section, including fees for certifications and licenses. The fees shall be set, at a minimum, in an amount sufficient to recover the costs of administering this section. All fees collected under this subsection shall be deposited into the Indoor Mold Assessment and Remediation Fund established under § 8-241.07.
(e) Not Funded.
(Sept. 9, 2014, D.C. Law 20-135, § 304, 61 DCR 6767; Mar. 16, 2021, D.C. Law 23-188, § 2(b), 68 DCR 001227.)
Applicability
Applicability of D.C. Law 23-188: § 5 of D.C. Law 23-188 provided that the change made to this section by § 2(b) of D.C. Law 23-188 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 2B - Residential Indoor Mold Assessment and Remediation › § 8–241.04. Indoor mold remediation obligations at residential properties

§ 8–241.04. Indoor mold remediation obligations at residential properties.
(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 with subsections (b) and (c) of this section within 30 days of the inspection unless a shorter timeframe is ordered by a court or the Mayor.
(b) Where professional indoor mold remediation is not required under subsection (c) of this section, a residential property owner notified of indoor mold by a tenant in accordance with subsection (a) shall clean and remove the indoor mold from the contaminated surface in accordance with the guidelines established under § 8-241.02(a)(4). Failure of the Director to issue guidelines under § 8-241.02(a)(4) shall not excuse the residential property owner from the obligation to clean and remove visible indoor mold from the contaminated surface.
(c) If a residential property owner knows or has reason to know that indoor mold contamination exists in a tenant’s dwelling unit or in a common area of the property, the residential property owner shall cause the mold to be remediated by an indoor mold remediation professional.
(d) The provisions of this section may be enforced pursuant to § 8-241.05.
(Sept. 9, 2014, D.C. Law 20-135, § 305, 61 DCR 6767.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 2B - Residential Indoor Mold Assessment and Remediation › § 8–241.05. Violations

§ 8–241.05. Violations.
(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 Municipal Regulations (14 DCMR § 100 et seq.) (“Housing Code”):
(1) A professional indoor mold assessment finding indoor mold contamination in a tenant’s dwelling unit or a common area of the property shall create a rebuttable presumption of a violation of the property owner’s obligation to maintain the property free from defective surface conditions as required by the Property Maintenance Code and the Housing Code. To establish the presumption, the tenant must demonstrate that the property owner received a professional indoor mold assessment in written or electronic form that determined that indoor mold contamination existed in the tenant’s dwelling unit.
(2) When ruling in favor of a tenant with respect to a Property Maintenance Code or Housing Code violation based on a professional mold assessment, the court shall have discretion to reimburse indoor mold assessment costs and award attorney fees and court costs to the tenant. The court may award treble damages to a tenant when:
(A) The tenant discovered the indoor mold;
(B) A professional indoor mold assessment determined that indoor mold contamination existed in the tenant’s dwelling unit;
(C) The residential property owner received the indoor mold assessment in written or electronic form;
(D) The residential property owner did not remediate the indoor mold within 60 days; and
(E) The court finds that the residential property owner acted in bad faith.
(b) In issuing a notice of violation to a property owner for failure to maintain the property free from defective surface conditions as required by the Property Maintenance Code and the Housing Code, the Mayor shall have discretion to rely upon a professional indoor mold assessment.
(c) Not Funded.
(d) Not Funded.
(Sept. 9, 2014, D.C. Law 20-135, § 306, 61 DCR 6767; Mar. 16, 2021, D.C. Law 23-188, § 2(c), 68 DCR 001227.)
Applicability
Applicability of D.C. Law 23-188: § 5 of D.C. Law 23-188 provided that the change made to this section by § 2(c) of D.C. Law 23-188 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 2B - Residential Indoor Mold Assessment and Remediation › § 8–241.06. No private right of action against the District

§ 8–241.06. No private right of action against the District.
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 provisions. No person or entity may assert any claim or right as a beneficiary or protected class under this chapter in any civil, criminal, or administrative action against the District of Columbia.
(Sept. 9, 2014, D.C. Law 20-135, § 307, 61 DCR 6767.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 2B - Residential Indoor Mold Assessment and Remediation › § 8–241.07. Indoor Mold Assessment and Remediation Fund

§ 8–241.07. Indoor Mold Assessment and Remediation Fund.
(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 with § 8-241.03 and any other money accepted for the benefit of the Fund. The Fund may be supplemented by other District funds at the Mayor’s discretion or by an act of the Council.
(c)(1) The Fund shall be used to administer the certification and licensing programs established under § 8-241.03 and may be used to administer grants issued under paragraph (2) of this subsection.
(2) Where there are funds in excess of the amount needed to administer the certification and licensing programs under § 8-241.03, those funds shall be used to provide financial assistance grants to:
(A) Low-income District residents for the purpose of having a professional mold assessment conducted in their premises, in the event that the owner of the resident’s property fails to comply with the requirements in § 8-241.04; and
(B) Residential property owners without financial means, as determined by the Mayor, to comply with § 8-241.04.
(d)(1) The money deposited into the Fund, and any interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of a fiscal year, or at any other time.
(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.
(Sept. 9, 2014, D.C. Law 20-135, § 308, 61 DCR 6767.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 2B - Residential Indoor Mold Assessment and Remediation › § 8–241.08. Common law unaffected

§ 8–241.08. Common law unaffected.
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.
(Sept. 9, 2014, D.C. Law 20-135, § 309, 61 DCR 6767.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 2B - Residential Indoor Mold Assessment and Remediation › § 8–241.09. Rules

§ 8–241.09. Rules.
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.
(Sept. 9, 2014, D.C. Law 20-135, § 310, 61 DCR 6767; Mar. 16, 2021, D.C. Law 23-188, § 2(d), 68 DCR 001227.)
Applicability
Applicability of D.C. Law 23-188: § 5 of D.C. Law 23-188 provided that the change made to this section by § 2(d) of D.C. Law 23-188 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 3 - Weeds and Plant Diseases › § 8–301. Duty to remove weeds 4 inches in height; notice; penalties for failure to comply; adjudications

§ 8–301. Duty to remove weeds 4 inches in height; notice; penalties for failure to comply; adjudications.
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 excepted) after notice from the Director of the Department of Human Services so to do, and upon failure to comply with such notice he or she shall, on conviction thereof, be punished by a fine of not more than $10 for each day said notice is not complied with. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this chapter, or any rules or regulations issued under the authority of this section, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this section shall be pursuant to Chapter 18 of Title 2.
(Mar. 1, 1899, 30 Stat. 959, ch. 326, § 1; Aug. 1, 1950, 64 Stat. 393, ch. 513, § 1; Oct. 5, 1985, D.C. Law 6-42, § 471, 32 DCR 4450.)
Prior Codifications
1981 Ed., § 6-1101.
1973 Ed., § 6-901.
Section References
This section is referenced in § 8-303.
Editor's Notes
Office of Director of Public Health abolished: See Historical and Statutory Notes following § 7-101.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 3 - Weeds and Plant Diseases › § 8–302. Removal of weeds by Mayor

§ 8–302. Removal of weeds by Mayor.
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 the District of Columbia shall give notice, by publication twice a week in 1 daily newspaper published in the City of Washington aforesaid, requiring their removal. Said notice shall specify the land from which such weeds are to be removed, the character of the work to be done, and the time allowed for doing the same; and if such weeds be not removed within the time so specified it shall be the duty of said Mayor to cause their removal; and double the cost of such removal, including the cost of advertising, shall be a lien upon and shall be assessed by said Mayor as a tax against the property on which said weeds were located, and the said tax so assessed shall bear interest at the rate of 20 per centum per annum till paid, and shall be carried on the regular tax rolls of said District and be collected in the manner provided for the collection of general taxes.
(Mar. 1, 1899, 30 Stat. 959, ch. 326, § 2; Apr. 23, 1977, D.C. Law 1-128, § 2, 23 DCR 9692.)
Prior Codifications
1981 Ed., § 6-1102.
1973 Ed., § 6-902.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 401 of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to a single Commissioner. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 3 - Weeds and Plant Diseases › § 8–303. Prosecutions

§ 8–303. Prosecutions.
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.
(Mar. 1, 1899, 30 Stat. 959, ch. 326, § 3; Mar. 3, 1901, 31 Stat. 1340, ch. 854, § 932; June 30, 1902, 32 Stat. 537, ch. 1329; Apr. 1, 1942, 56 Stat. 190, ch. 207, § 1; July 8, 1963, 77 Stat. 77, Pub. L. 88-60, § 1; July 29, 1970, 84 Stat. 570, Pub. L. 91-358, title I, § 155(a).)
Prior Codifications
1981 Ed., § 6-1103.
1973 Ed., § 6-903.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 3 - Weeds and Plant Diseases › § 8–305. Penalty

§ 8–305. Penalty.
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 of the Secretary of Agriculture, shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment not exceeding 1 year, or both such fine and imprisonment, in the discretion of the court; provided, that no common carrier shall be deemed to have violated the provisions of §§ 152 [repealed], 154 [repealed], 156—161 [repealed] and 162 [repealed] of Title 7, United States Code, on proof that such carrier did not knowingly receive for transportation or transport nursery stock or other plants or plant products as such from 1 state, territory, or district of the United States into or through any other state, territory, or district; and it shall be the duty of the United States Attorneys diligently to prosecute any violations of §§ 151—154 [repealed], 156—161 [repealed] and 162—164a [repealed] of Title 7, United States Code which are brought to their attention by the Secretary of Agriculture or which come to their notice by other means.
(Aug. 20, 1912, 37 Stat. 318, ch. 308, § 10.)
Prior Codifications
1981 Ed., § 6-1105.
1973 Ed., § 6-905.
Section References
This section is referenced in § 8-304.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 3A - Green Yards Recognition Program › § 8–351. Definitions

§ 8–351. Definitions.
For the purposes of this chapter, the term:
(1) "Department" means the Department of Energy and Environment.
(2) "Integrated pest management" shall have the same meaning as provided in § 8-431(8).
(3) "Lawn care equipment" means leaf blowers, lawn mowers, weed eaters, snow blowers, and other equipment intended for the maintenance or care of outdoor property that requires a power supply other than human strength.
(4) "Minimum risk pesticides" means pesticide products listed in 40 C.F.R. § 152.25(f).
(5) "Organic pesticides" means pesticides including no active ingredients other than those published in the National List at 7 C.F.R. §§ 205.601 and 205.606.
(6) "Program" means the Green Yards Recognition Program established by § 8-352.
(Mar. 11, 2017, D.C. Law 21-222, § 2, 64 DCR 179.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 3A - Green Yards Recognition Program › § 8–352. Green Yards Recognition Program

§ 8–352. Green Yards Recognition Program.
(a) There is established a Green Yards Recognition Program, which shall be administered by the Department of Energy and Environment, to encourage District property owners and lessees to maintain their grounds using only safe and sustainable practices.
(b) Within 120 days of February 18, 2017, the Program shall establish and publish online a guide to safe and sustainable grounds maintenance, including recommendations for best practices and a list of minimum practices. At a minimum, the list of minimum practices shall include:
(1) Participation in at least one of the Department's Riversmart programs;
(2) Use of integrated pest management for pest control;
(3) Use of only organic pesticides or minimum risk pesticides; and
(4) Use of only electric- or battery-powered lawn care equipment, to the extent that such equipment is reasonably available to consumers.
(c) No later than 30 days after the publication of the guide required by subsection (b) of this section, the Department shall make available online a form allowing a District property owner or lessee to voluntarily certify to the Department that the District property owner or lessee is in compliance with the list of minimum practices published pursuant to subsection (b) of this section. The form shall include an option allowing the District property owner or lessee to order a Program yard sign pursuant to subsection (d) of this section at the time the owner or lessee submits the voluntary certification.
(d) The Department shall design a Program yard sign that affirms a District property owner or lessee's compliance with the list of minimum practices published pursuant to subsection (b) of this section. The Department may charge a fee to the District property owner or lessee to cover the cost of production of the Program yard signs.
(e) The Department may cancel the voluntary certification of a District property owner or lessee upon learning that the District property owner or lessee is not in compliance with the list of minimum practices published pursuant to subsection (b) of this section. A District property owner or lessee whose certification has been canceled may not submit another voluntary certification of compliance for one year following the cancellation.
(f) The Department may expand the Program to:
(1) Recognize varying types or levels of voluntary compliance with the recommendations in the guide to safe and sustainable grounds maintenance published pursuant to subsection (b) of this section; and
(2) Incorporate awards, or other methods of recognition, and incentives for participants in the Program.
(Mar. 11, 2017, D.C. Law 21-222, § 3, 64 DCR 179.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 3A - Green Yards Recognition Program › § 8–353. Rules

§ 8–353. Rules.
The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this chapter.
(Mar. 11, 2017, D.C. Law 21-222, § 4, 64 DCR 179.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 4 - Pesticides › Subchapter I - Pesticide Operations › § 8–402. Registration pesticides

§ 8–402. Registration pesticides.
(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 approved by the Environmental Protection Agency.
(b) The Mayor may in his discretion require that pesticides registered with the Environmental Protection Agency which are distributed within the District of Columbia also be registered with the Mayor.
(Apr. 18, 1978, D.C. Law 2-70, § 3, 24 DCR 6867.)
Prior Codifications
1981 Ed., § 6-751.2.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 4 - Pesticides › Subchapter I - Pesticide Operations › § 8–403.02. Information to be supplied multi-unit property residents and tenants

§ 8–403.02. Information to be supplied multi-unit property residents and tenants.
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 information to each resident’s door or mailbox, or to each resident through electronic mail or facsimile; and
(2) Posting the information conspicuously in common spaces on the property, in reasonably close proximity to the locations where pesticide will be applied.
(Apr. 18, 1978, D.C. Law 2-70, § 4b; as added June 5, 2008, D.C. Law 17-168, § 2, 55 DCR 5180.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 4 - Pesticides › Subchapter I - Pesticide Operations › § 8–403.03. Signs posted for exterior application

§ 8–403.03. Signs posted for exterior application.
(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 property owner shall be responsible for the removal of the sign.
(c) The sign shall be clearly visible:
(1) From the principal places of access to the property; and
(2) On the portion of the property where the pesticide is applied.
(Apr. 18, 1978, D.C. Law 2-70, § 4c; as added June 5, 2008, D.C. Law 17-168, § 2, 55 DCR 5180.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 4 - Pesticides › Subchapter I - Pesticide Operations › § 8–403.04. Reduced-risk pesticides and methods of pest control

§ 8–403.04. Reduced-risk pesticides and methods of pest control.
(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 June 5, 2008, the Mayor shall approve a list of reduced-risk pesticides and methods of pest control.
(Apr. 18, 1978, D.C. Law 2-70, § 4d; as added June 5, 2008, D.C. Law 17-168, § 2, 55 DCR 5180.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 4 - Pesticides › Subchapter I - Pesticide Operations › § 8–403.05. Notification to abutting properties

§ 8–403.05. Notification to abutting properties.
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 property to be treated.
(Apr. 18, 1978, D.C. Law 2-70, § 4e; as added Oct. 23, 2012, D.C. Law 19-191, § 12(b), 59 DCR 10166.)
Effect of Amendments
The 2012 amendment by D.C. Law 19-191 added this section.
Editor's Notes
Applicability of D.C. Law 19-191: Section 14(a) of D.C. Law 19-191 provided that §§ 1 through 5 and 8 through 13 of the act shall apply as of October 1, 2013.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 4 - Pesticides › Subchapter I - Pesticide Operations › § 8–404. Registered technicians

§ 8–404. Registered technicians.
(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 writing on a form prescribed by the Mayor, and the registration shall be valid for the time period prescribed by the Mayor. The Mayor shall, by regulation, establish appropriate education and training requirements for registration as a registered technician.
(c) The Mayor shall provide for the issuance of appropriate credentials for all registrants.
(Apr. 18. 1978, D.C. Law 2-70, § 5, 24 DCR 6867; Oct. 23, 2012, D.C. Law 19-191, § 12(c), 59 DCR 10166.)
Prior Codifications
1981 Ed., § 6-751.4.
Section References
This section is referenced in § 8-401 and § 8-408.
Effect of Amendments
The 2012 amendment by D.C. Law 19-191 rewrote this section.
Editor's Notes
Applicability of D.C. Law 19-191: Section 14(a) of D.C. Law 19-191 provided that §§ 1 through 5 and 8 through 13 of the act shall apply as of October 1, 2013.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 4 - Pesticides › Subchapter I - Pesticide Operations › § 8–405. Pesticide dealers

§ 8–405. Pesticide dealers.
(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 licensing of pesticide dealers located within the District; provided, that any manufacturer, registrant, or distributor whose products are distributed or who distributes products in the District and who has no pesticide dealer outlet licensed within the District shall obtain a pesticide dealer’s license from the Mayor for his principal out-of-state location or outlet.
(2) Application for a pesticide dealer’s license shall be made in writing on a form prescribed by the Mayor.
(3) The Mayor shall establish fees in an amount sufficient to cover the cost of the licensing. The license shall be valid for the time period prescribed by the Mayor.
(c) A pesticide dealer shall be responsible for the acts of each of his employees in the solicitation and sale of restricted use pesticides, and for all claims and recommendations for the use of restricted use pesticides.
(d) The provisions of this section shall not apply to a licensed pesticide operator who sells restricted use pesticides only as an integral part of his pesticide application service, or to any District or other governmental agency which provides pesticides only for its own programs.
(Apr. 18, 1978, D.C. Law 2-70, § 6, 24 DCR 6867.)
Prior Codifications
1981 Ed., § 6-751.5.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 4 - Pesticides › Subchapter I - Pesticide Operations › § 8–406. Pesticide operators

§ 8–406. Pesticide operators.
(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 for a pesticide operator license shall be made in writing on a form prescribed by the Mayor. Each application shall contain information regarding the applicant’s proposed operations, license classification or classifications applied for, and shall include the following:
(1) The full name of the person applying for the license;
(2) The full name of each member of the firm or partnership, or the names of the principal officers of the association, corporation, or group, if the applicant is a person other than an individual;
(3) The business address of the applicant;
(4) A certificate of liability insurance as required by § 8-407;
(5) Designation of those individuals who are certified and licensed in each category in which the business will engage; and
(6) Such other information as the Mayor may prescribe.
(c)(1) No licensed pesticide operator (as defined in § 8-401(bb)(1) and (bb)(3) ) shall permit the use of any pesticide by any person who is not a licensed commercial or public applicator designated pursuant to § 8-406, or a registered employee of the pesticide operator acting under the direct supervision of the licensed applicator.
(2) No licensed pesticide operator (as defined in § 8-401(bb)(2) ) shall permit the use of any restricted use pesticide by any person who is not a licensed commercial or public applicator designated pursuant to § 8-406(b)(5), or a registered employee of the pesticide operator acting under the direct supervision of the licensed applicator.
(Apr. 18, 1978, D.C. Law 2-70, § 7, 24 DCR 6867.)
Prior Codifications
1981 Ed., § 6-751.6.