4002. PESTICIDE INFRACTIONS

4002 PESTICIDE INFRACTIONS 4002.1 Violation of any of the following provisions shall be a Class 1 infraction: 20 DCMR § 2201.7 (using a pesticide in a manner harmful to human health, non-target organisms, or the environment); 20 DCMR §§ 2201.12 or 2201.13 (performing an inspection for wood infestation or determination of the presence of pests by a pesticide operator without the required certification); 20 DCMR § 2202.1 (using, manufacturing, distributing, selling, shipping, or applying a pesticide not registered with the Department); 20 DCMR § 2208.1 (applying a District restricted-use pesticide to schools, child-occupied facilities, waterbody-contingent property, or District property); 20 DCMR § 2208.2 (applying a non-essential pesticide to schools, child-occupied facilities, waterbody-contingent property, or District property); 20 DCMR § 2213.1 (failure to store pesticides in accordance with the requirements of 20 DCMR § 2213.1); 20 DCMR § 2213.2 (storing a restricted-use pesticide without posting a sign in accordance with the requirements of 20 DCMR § 2213.2); 20 DCMR § 2213.3 (failure to dispose of a pesticide in accordance with the Resource Conservation and Recovery Act or label directions); 20 DCMR § 2213.4 (failure to transport a pesticide in accordance with the requirements of 20 DCMR § 2213.4); 20 DCMR § 2219.1(j) (making a false or fraudulent record, invoice, or report); 20 DCMR § 2219.1(k) (acting as, advertising as, or assuming to act as a pesticide dealer without a license); 20 DCMR § 2219.1(l) (aiding, abetting, or conspiring to evade pesticide laws or regulations); 20 DCMR § 2219.1(m) (making fraudulent or misleading statements during or after an inspection of a pest infestation or an inspection conducted pursuant to 20 DCMR Chapter 25); 20 DCMR § 2219.1(n) (impersonating a federal, state, or District inspector or official); 20 DCMR § 2219.1(o) (failure to immediately notify and report to the Department any pesticide accident, incident, fire, flood, or spill); 20 DCMR § 2219.1(p) (distributing an adulterated pesticide); 20 DCMR § 2219.1(q) (failure to maintain a record required for a transaction involving a restricted-use pesticide); 20 DCMR § 2311.2 (permitting the use of a pesticide by a technician who is not registered with the Department and acting under the direct supervision of a licensed applicator); 20 DCMR § 2400.4 (permitting the use of a restricted-use pesticide by a person who is not a licensed certified applicator or a registered technician acting under the direct supervision of a licensed applicator); or 20 DCMR § 2505.4 (violating a “stop sale, use, or removal” order). 4002.2 In addition to § 4002.3, violation of any of the following provisions shall be a Class 2 infraction: 20 DCMR § 2201.1 (using a pesticide in a manner inconsistent with its labeling or in violation of a law or regulation); 20 DCMR § 2201.2 (failure to maintain equipment); 20 DCMR § 2201.3 (failure to distribute a registered pesticide in the registrant’s or manufacturer’s unbroken, immediate container); 20 DCMR § 2201.10 (detaching, altering, defacing, or destroying a label required by FIFRA); 20 DCMR § 2214.1 (distributing a pesticide or device that is misbranded); 20 DCMR §§ 2214.3 to 2214.4, or 2214.6 to 2214.14 (failure to comply with a labeling, package, container, or wrapper requirement); 20 DCMR § 2214.5 (offering for sale a pesticide under the name of another pesticide or imitation of another pesticide); 20 DCMR § 2215.3 (failure to have a Department-approved Integrated Pest Management program that meets the requirements of 20 DCMR § 2215.3); 20 DCMR § 2215.5 (applying a pesticide to public rights-of-way, parks, District-occupied buildings, other District property, or child-occupied facilities without an approved integrated pest management plan); 20 DCMR § 2216.2 (performing fumigation without being a licensed applicator certified to perform fumigation or without supervision by a licensed applicator certified to perform fumigation); 20 DCMR § 2216.3 (failure to train and provide safety equipment to each member of a fumigation crew); 20 DCMR § 2216.4 (failure to notify the nearest fire station prior to fumigation); 20 DCMR § 2216.6 (failure to conspicuously post warning signs for fumigation); 20 DCMR § 2216.8 (failure to have a guard present on-site during fumigation); 20 DCMR § 2216.9 (failure of guard to be capable, awake, alert, or to remain on duty at the site at all times); 20 DCMR §§ 2216.10 or 2216.11 (failure to comply with a requirement for introducing a fumigant or for allowing re-occupancy after fumigation); 20 DCMR § 2217.1 (performing pest control by heat treatment without being a licensed and certified pesticide operator); 20 DCMR § 2218.1 (using a canine scent pest detection team without being a licensed and certified pesticide operator or using an uncertified canine scent pest detection team); 20 DCMR § 2219.1(a) (failure to register a pesticide in the District of Columbia); 20 DCMR § 2219.1(b) (using a pesticide in a manner inconsistent with its labeling or in violation of imposed restrictions); 20 DCMR § 2219.1(c) (making a pesticide recommendation that is inconsistent with its labeling or in violation of imposed restrictions); 20 DCMR § 2219.1(d) (falsifying, refusing, or neglecting to maintain or make available required records); 20 DCMR § 2219.1(e) (using fraud or misrepresentation in applying for certification or a license); 20 DCMR § 2219.1(g) (making a false or fraudulent claim through any media that misrepresents the effect of a pesticide or method to be utilized in its application); 20 DCMR § 2219.1(h) (applying an ineffective or improper pesticide; operating faulty or unsafe equipment); or 20 DCMR § 2219.1(i) (using or supervising the use of a pesticide in a faulty, careless, or negligent manner). 4002.3 In addition to § 4002.2, violation of any of the following provisions shall be a Class 2 infraction: 20 DCMR §§ 2300.2 or 2300.3 (applying any pesticide for a fee or purchasing or using a restricted-use pesticide without a certification and license or without being registered); 20 DCMR § 2310.4 (improper use of a public applicator license); 20 DCMR § 2312.8 (failure to instruct an employee on proper pesticide use); 20 DCMR § 2313.1 (failure to instruct an employee on the hazards of pesticide use and proper steps to avoid those hazards); 20 DCMR § 2313.2 (failure to provide an employee with necessary safety equipment and protective clothing); 20 DCMR § 2313.3 (failure to inform an employee of reentry requirements or provide necessary protective clothing or apparatus if premature reentry is necessary); 20 DCMR §§ 2400.1 or 2400.5 (failure to obtain a pesticide operator license); 20 DCMR § 2400.6 (transferring a pesticide operator license from one business to another); 20 DCMR § 2401.7(c) (using a restricted-use pesticide without the supervision of a licensed certified applicator during the grace period provided in 20 DCMR § 2401.7(b)); 20 DCMR §§ 2403.1 or 2403.2 (failure to obtain a pesticide dealer’s license); 20 DCMR § 2403.7 (selling or transferring a restricted-use pesticide to any person other than a licensed certified applicator or authorized representative); or 20 DCMR § 2516.10 (failure to report a significant pesticide accident or incident within twenty-four (24) hours of occurrence). 4002.4 Violation of any of the following provisions shall be a Class 3 infraction: 20 DCMR § 2201.4 (failure to have a FIFRA label affixed to a pesticide container); 20 DCMR § 2201.5 (using a pesticide container for a purpose other than containing the original product); 20 DCMR § 2201.8 (applying a pesticide when the wind velocity will cause the pesticide to drift beyond the target area); 20 DCMR § 2201.9 (displaying or offering for sale a pesticide in a container which is damaged or has a damaged or obscure label); 20 DCMR § 2201.11 (applying a pesticide without a copy of the label available for inspection); 20 DCMR § 2203.4 (using or revealing for one’s own advantage information relating to the formula of a pesticide registered with the Department); 20 DCMR § 2211.1 (failure to provide customer with required information before a pesticide application); 20 DCMR § 2211.3 (failure to provide customer with advance notice of a pesticide application upon request); 20 DCMR § 2211.4 (failure to provide customer with advance notice of a pesticide application to multi-unit property upon request); 20 DCMR § 2211.5 (failure to provide tenant and resident with required information before a pesticide application); 20 DCMR § 2211.7 (failure to provide notice of pesticide application to abutting property); 20 DCMR § 2217.2 (failure to comply with record keeping requirements for pest control by heat treatment); 20 DCMR §§ 2218.7 or 2218.8 (failure to comply with record keeping requirements for canine scent pest detection); 20 DCMR § 2218.9 (failure to design a canine scent detection test that meets the requirements of 20 DCMR § 2218.9); 20 DCMR §§ 2218.14 to 2218.16 (failure to comply with the requirements for conducting a canine scent detection test); 20 DCMR § 2219.1(f) (refusing or neglecting to comply with a limitation or restriction on a certification or license); 20 DCMR §§ 2306.1 or 2307.5 (failure to renew certification); 20 DCMR § 2311.1 (applying a pesticide without being registered with the Department and acting under the direct supervision of a licensed certified applicator); 20 DCMR § 2311.3 (failure to register an employee who works under the direct supervision of a licensed certified applicator within thirty (30) days of employment); 20 DCMR §§ 2402.2 to 2402.5 (failure to comply with liability insurance requirements); 20 DCMR § 2514.3 (failure to renew a license on or before the first day of a licensure period); 20 DCMR §§ 2516.1 to 2516.3, or 2516.5 to 2516.10 (failure to comply with a record keeping requirement or provide records or other information); or 20 DCMR §§ 2517.1 or 2517.2 (failure to comply with a record keeping requirement for or provide records on restricted-use pesticides). 4002.5 Violation of any of the following provisions shall be a Class 4 infraction: 20 DCMR § 2201.6 (failure to use an effective anti-siphon device for equipment); 20 DCMR § 2212.1 (failure to post a sign at the time of pesticide application that meets the requirements of 20 DCMR § 2212); 20 DCMR § 2300.9 (failure to post license conspicuously); 20 DCMR § 2305.5 (failure to submit credentials and license to employer after termination of employment); 20 DCMR § 2305.6 (failure to notify the Department of the termination of an employee and return a terminated employee’s license and credentials to the Department within ten (10) working days of employee submitting license and credentials); 20 DCMR § 2311.8 (failure to have registered technician identification card available for inspection)); 20 DCMR § 2311.14 (failure to give written notice of termination of a registered technician within thirty (30) days of termination or failure to return a terminated registered technician’s identification card); 20 DCMR § 2312.6 (failure to have a pesticide label at work site); 20 DCMR § 2400.7 (failure to surrender an operator certification and license within ten (10) working days of termination of a business); 20 DCMR § 2400.8 (failure to notify the Department of any change of address within thirty (30) days of the change); 20 DCMR § 2400.10 (failure to post license conspicuously); or 20 DCMR § 2401.7 (failure to notify the Department when operator no longer employs a licensed certified applicator). 4002.6 Violation of any provision of the Pesticide Operations Act of 1977, effective April 18, 1978, as amended (D.C. Law 2-70; D.C. Official Code §§ 8-401 to 8-419); the Pesticide Education and Control Amendment Act of 2012, effective October 23, 2012, as amended (D.C. Law 19-191; D.C. Official Code §§ 8-431 to 8-440); or the implementing rules in 20 DCMR Chapters 22 through 25 which is not cited elsewhere in this section, shall be a Class 5 infraction. SOURCE: Final Rulemaking published at 61 DCR 8407 (August 15, 2014); as amended by Final Rulemaking published at 62 DCR 14069 (October 30, 2015). District of Columbia Municipal Regulations Consumers, Commercial Practices, & Civil Infractions 16 DCMR § 4002