Code of the District of Columbia

Subchapter II. Pesticide Education and Control.


§ 8–431. Definitions.

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 regular basis and is required to obtain a certificate of occupancy as a precondition to performing that function. The term “child-occupied facility” includes day care centers, nurseries, pre-school centers, kindergarten classrooms, child development centers, child development homes, child development facilities, child-placing agencies, infant care centers, and similar entities.

(3) “Department” means the Department of Energy and Environment.

(4) “District property” means buildings or land owned, leased, or otherwise occupied by the District government.

(5) “District restricted use” means a pesticide identified by the Department as requiring additional restrictions for use to prevent a hazard to human health, the environment, or property as set forth in § 8-432.

(6) “FIFRA” means the Federal Insecticide, Fungicide, and Rodenticide Act, approved June 23, 1947 (61 Stat. 163; 7 U.S.C. § 136 et seq.).

(7) “Forestry” means trees on land that is at least one acre in size and at least 10% occupied by forest trees of any size or formerly having had such tree cover and not currently developed for non-forest use.

(8) “Integrated pest management” or “IPM” means an effective and environmentally sensitive approach to pest management that relies on a combination of common-sense practices. IPM programs use current, comprehensive information on the life cycles of pests and their interaction with the environment. This information, in combination with available pest control methods, is used to manage pest damage economically, and with a strong preference for examining a range of cultural, mechanical, biological, and chemical practices and selecting a method presenting the least possible hazard to people, property, and the environment.

(9) “Minimum risk” means a pesticide registered with the Department, but exempt from federal registration under section 25(b) of the FIFRA [7 U.S.C. § 136w].

(10) Repealed.

(10A) "Organic pesticide" means a pesticide including no active ingredients other than those published in the National List at 7 C.F.R. §§ 205.601 and 205.606.

(11) “Pest” has the same meaning as provided in section 2299 of Title 20 of the District of Columbia Municipal Regulations (20 DCMR § 2299).

(12) “Pest management” means the control of plants, insects, herbs, or rodents with chemical agents deployed as pesticides.

(13) “Pesticide” has the same meaning as provided in section 2299 of Title 20 of the District of Columbia Municipal Regulations (20 DCMR § 2299); provided, that the definition shall not include:

(A) Fertilizers and other plant supplements whose primary purpose is to provide nutrition to plant-life and not to repel, treat, or control pests;

(B) Pesticides exempt under the FIFRA and its implementing regulations, specifically those pesticides exempted under section 25(b) of FIFRA [7 U.S.C. § 136w] and 40 C.F.R. 152.25(f), subject to reclassification as set forth in § 8-432;

(C) Individual repellents, personalized devices, and other agents not necessarily classified under FIFRA but employed by individuals for protection from pests;

(D) Sanitizers, disinfectants, and antimicrobial agents; and

(E) Other chemicals, devices, or substances excluded by the Department in regulations.

(14) “Pesticide application” means the spraying, laying, injecting, delivering, or other action whereby plants, insects, herbs, or other pests are controlled by a registered pesticide or a chemical agent that includes a registered pesticide.

(15) “Pesticide applicator” has the same meaning as provided in section 2299 of Title 20 of the District of Columbia Municipal Regulations (20 DCMR § 2299).

(16) “Pesticide operator” has the same meaning as provided in section 2299 of Title 20 of the District of Columbia Municipal Regulations (20 DCMR § 2299).

(17) “Pesticide registration fee” means the fee set for product registration by section 2506 of Title 20 of the District of Columbia Municipal Regulations (20 DCMR § 2506).

(18) “Reduced risk” has the same meaning as provided in section 2209 of Title 20 of the District of Columbia Municipal Regulations (20 DCMR § 2209).

(19) “Restricted use” means any pesticide or pesticide use classified as restricted through the process outlined by the Administrator of the United States Environmental Protection Agency in Subpart I of Part 152 of Subchapter E of Chapter 1 of Title 40 of the Code of Federal Regulations (40 C.F.R. § 152.160 et seq.), or a pesticide so designated by the Department by the process described in § 8-432.

(20) “School” means a public or private facility whose primary purpose is to provide K-12 educational services and includes adjacent or contiguous recreation centers or athletic fields owned or maintained by the educational facility.

(21) “University” means the University of the District of Columbia.

(22) “Waterbody” means those waters located within the District that are:

(A) Subject to the ebb and flow of the tide; or

(B) Free flowing, unconfined, and above-ground rivers, streams, or creeks.

(23) “Waterbody-contingent property” means property within 25 feet of a waterbody.


(Oct. 23, 2012, D.C. Law 19-191, § 2, 59 DCR 10166; Apr. 15, 2017, D.C. Law 21-277, § 2(a), 64 DCR 960.)

Section References

This section is referenced in § 8-440.

Editor's Notes

Section 14(a) of D.C. Law 19-191 provided that §§ 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, and 13 of the act shall apply as of October 1, 2013.


§ 8–432. District restricted-use pesticides.

(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 recognized practice requires additional restrictions for that use to prevent a hazard to human health, the environment, or property; or

(2) The Department determines presents a significant, scientifically sound basis justifying that reclassification. In making this determination, the Department may rely on the findings of state, national, or international government bodies or non-governmental organizations that publish lists of chemicals that are known or likely to be hazardous to human health or the environment.

(d) The Department shall offer an opportunity for public comment conforming to the conditions set forth in subsection (e) of this section before classifying as District restricted-use any pesticide that is not designated as restricted-use under 40 CFR § 152.175 or adding restrictions to a restricted-use pesticide designated under 40 CFR § 152.175.

(e) The opportunity for public comment required by subsection (d) of this section shall include at least one published notice in the District of Columbia Register regarding the proposed reclassification of a particular pesticide and a comment period of at least 30 days; provided, that the agency is required to hold a public hearing only if significant public interest is expressed during the 30-day comment period.


(Oct. 23, 2012, D.C. Law 19-191, § 3, 59 DCR 10166; Apr. 15, 2017, D.C. Law 21-277, § 2(b), 64 DCR 960.)

Section References

This section is referenced in § 8-431 and § 8-440.

Editor's Notes

Section 14(a) of D.C. Law 19-191 provided that §§ 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, and 13 of the act shall apply as of October 1, 2013.


§ 8–433. Prohibited and restricted uses.

(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 pesticide, except a District restricted-use pesticide, that is applied for the purpose of:

(A) Controlling plants that are poisonous to touch or may cause damage to a structure or infrastructure;

(B) Controlling insects that bite or sting, are venomous, or that may cause damage to a structure or infrastructure;

(C) Controlling disease vectors;

(D) Controlling organisms that threaten the health of trees or shrubs;

(E) Maintaining property as part of efforts by a public utility to comply with applicable vegetation management provisions of any federal or District law or regulation;

(F) Controlling pests or weeds while engaged in agriculture or forestry;

(G) Controlling a pest outbreak that poses an imminent threat to human health; and

(H) Preventing significant economic damage.

(b) In addition to the restrictions in subsection (a) of this section, the Department may establish additional restrictions on the use of District restricted-use pesticides.

(c) If a pesticide is applied under subsection (a)(2) of this section, the person or entity applying the pesticide shall, within 7 days after the application, notify the Department of the application, the reasons for application of the pesticide, and the reason why pesticides allowed under subsection (a)(1) of this section were insufficient.


(Oct. 23, 2012, D.C. Law 19-191, § 4, 59 DCR 10166; Apr. 15, 2017, D.C. Law 21-277, § 2(c), 64 DCR 960.)

Section References

This section is referenced in § 8-418, § 8-434, and § 8-439.

Editor's Notes

Section 14(a) of D.C. Law 19-191 provided that §§ 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, and 13 of the act shall apply as of October 1, 2013.


§ 8–434. Exemptions.

(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 treatment facilities.

(b) A person or entity may apply to the Department for an exemption from § 8-433 for a District restricted-use pesticide. The Department may grant an exemption if the applicant demonstrates:

(1) That the applicant has made a good-faith effort to seek effective and economical alternatives to the restricted-use or District restricted-use pesticides, and they are unavailable;

(2) That providing a waiver will not violate District or federal law; and

(3) That use of the restricted-use or District restricted-use pesticide on the property prohibited under § 8-433 is linked to a need to protect health, the environment, or property.

(c) Repealed.

(d) A person or entity subject to § 8-433 may apply to the Department for an emergency exemption if an emergency pest outbreak poses an imminent threat to public health or if significant economic damage would result from the inability to use a pesticide prohibited or restricted by § 8-433. The Department shall impose specific conditions for the granting of emergency applications.

(e) The Department may, as set forth by the Mayor in regulations, require that an applicant who applies for substantially the same exemption at substantially the same property due to managing pests with proper adherence to IPM principles attend a District-approved IPM course.


(Oct. 23, 2012, D.C. Law 19-191, § 5, 59 DCR 10166; Apr. 15, 2017, D.C. Law 21-277, § 2(d), 64 DCR 960.)

Section References

This section is referenced in § 8-433.

Editor's Notes

Section 14(a) of D.C. Law 19-191 provided that §§ 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, and 13 of the act shall apply as of October 1, 2013.


§ 8–435. Pesticide education.

The University shall provide:

(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 applicators, which shall be offered at least once every 90 days.


(Oct. 23, 2012, D.C. Law 19-191, § 6, 59 DCR 10166.)

Applicability

Section 7203(b) of D.C. Law 22-168 repealed § 14(b) of D.C. Law 19-191 removing the applicability restriction impacting this section. Therefore the creation of this section by D.C. Law 19-191 has been given effect.

Section 14(b) of D.C. Law 19-191 provided that §§ 6 and 7 of the act shall apply upon the inclusion of their fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register, but not before October 1, 2013.


§ 8–436. Annual reporting. [Repealed]

Repealed.


(Oct. 23, 2012, D.C. Law 19-191, § 7, 59 DCR 10166; Oct. 30, 2018, D.C. Law 22-168, § 7203(a), 65 DCR 9388.)

Applicability

Section 14(b) of D.C. Law 19-191 provided that §§ 6 and 7 of the act shall apply upon the inclusion of their fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register, but not before October 1, 2013.

Emergency Legislation

For temporary (90 days) repeal of this section, see § 7203(a) of Fiscal Year 2019 Budget Support Congressional Review Emergency Act of 2018 (D.C. Act 22-458, Oct. 3, 2018, 65 DCR 11212).

For temporary (90 days) repeal of this section, see § 7203(a) of Fiscal Year 2019 Budget Support Emergency Act of 2018 (D.C. Act 22-434, July 30, 2018, 65 DCR 8200).


§ 8–437. Pesticide applicator reports.

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 requirement.


(Oct. 23, 2012, D.C. Law 19-191, § 8, 59 DCR 10166.)

Editor's Notes

Section 14(a) of D.C. Law provided that §§ 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, and 13 of the act shall apply as of October 1, 2013.


§ 8–438. Pesticide registration fee.

The Department shall set a pesticide registration fee of at least $200.


(Oct. 23, 2012, D.C. Law 19-191, § 9, 59 DCR 10166.)

Section References

This section is referenced in § 8-438.01.

Editor's Notes

Section 14(a) of D.C. Law 19-191 provided that §§ 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, and 13 of the act shall apply as of October 1, 2013.


§ 8–438.01. Pesticide Registration Fund.

(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 license and registration fees.

(c) The Fund shall be used for the administration of the Department’s pesticide, chemical, tank, land remediation, and wildlife protection programs.

(d) The money deposited into the Fund, and 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.


(Oct. 23, 2012, D.C. Law 19-191, § 9a; as added Dec. 24, 2013, D.C. Law 20-61, § 6072, 60 DCR 12472; Feb. 26, 2015, D.C. Law 20-155, § 6042, 61 DCR 9990.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-61 added this section.

The 2015 amendment by D.C. Law 20-155 added “chemical, tank, land remediation, and wildlife protection” in (c).

Emergency Legislation

For temporary (90 days) addition of this section, see § 6072 of the Fiscal Year 2014 Budget Support Emergency Act of 2013 (D.C. Act 20-130, July 30, 2013, 60 DCR 11384, 20 DCSTAT 1827).

For temporary (90 days) addition of this section, see § 6072 of the Fiscal Year 2014 Budget Support Congressional Review Emergency Act of 2013 (D.C. Act 20-204, October 17, 2013, 60 DCR 15341, 20 DCSTAT 2311).

For temporary (90 days) amendment of this section, see § 6052 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 6042 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 6042 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Short Title

Section 6071 of D.C. Law 20-61 provided that Subtitle H of Title VI of the act may be cited as the “Pesticide Registration Fund Preservation Amendment Act of 2013”.

Editor's Notes

Applicability of D.C. Law 20-61: Section 11001 of D.C. Law 20-61 provided that, except as otherwise provided, the act shall apply as of October 1, 2013.


§ 8–439. Penalties.

(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 fees may be imposed as sanctions for any infraction of the provisions of this subchapter, or the rules issued under authority of this subchapter, pursuant to the Civil Infractions Act. Adjudication of any infractions shall be pursuant to the Civil Infractions Act.

(b) The Department may, as set forth by the Mayor in regulations, suspend or revoke the license of a pesticide operator or applicator who violates § 8-433 more than once in a calendar year in a manner that endangers human health or the environment.


(Oct. 23, 2012, D.C. Law 19-191, § 10, 59 DCR 10166.)

Editor's Notes

Section 14(a) of D.C. Law 19-191 provided that §§ 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, and 13 of the act shall apply as of October 1, 2013.


§ 8–440. Rules.

(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. § 136p].


(Oct. 23, 2012, D.C. Law 19-191, § 11, 59 DCR 10166.)

Editor's Notes

Section 14(a) of D.C. Law 19-191 provided that §§ 1, 2, 3, 4, 5, 8, 9, 10, 11, 12, and 13 of the act shall apply as of October 1, 2013.