D.C. Mun. Regs. tit. 16, § 3662
[Repealed]
Authority: The Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-1801.04 (2012 Repl.)); the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code §§ 8-151.01 et seq. (2013 Repl.)); the District of Columbia Air Pollution Control Act of 1984, effective March 15, 1985 (D.C. Law 5-165; D.C. Official Code §§ 8-101 et seq. (2013 Repl.)); the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70; D.C. Official Code §§ 8-401 et seq. (2013 Repl. & 2014 Supp.)); the Brownfields Revitalization Amendment Act of 2010, effective April 8, 2011 (D.C. Law 18-369; D.C. Official Code §§ 8-631 et seq. (2013 Repl.)); the District of Columbia Underground Storage Tank Management Act of 1990, effective March 8, 1991 (D.C. Law 8-242; D.C. Official Code §§ 8-113.01 et seq. (2013 Repl.)); the Childhood Lead Screening Amendment Act of 2006, effective March 14, 2007 (D.C. Law 16-265; D.C. Official Code § 7-871.03 (2012 Repl. & 2013 Supp.)); the Transfer of Lead Poison Prevention Program to the District Department of the Environment Amendment Act of 2008, effective August 18, 2008 (D.C. Law 17-219; D.C. Official Code § 8-151.03(b)(1)(B)(ii)(II)) (2013 Repl.)); the Lead-Hazard Prevention and Elimination Act of 2008, effective March 31, 2009 (D.C. Law 17-381; D.C. Official Code §§ 8-231.01 et seq. (2013 Repl.)); the Lead Hazard Prevention and Elimination Amendment Act of 2010, effective March 31, 2011 (D.C. Law 18-348; D.C. Official Code §§ 8-231.01 et seq. (2013 Repl.)); the District of Columbia Hazardous Waste Management Act of 1977, effective March 16, 1978 (D.C. Law 2-64; D.C. Official Code §§ 8-1301 et seq. (2013 Repl.)); the Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5-188; D.C. Official Code §§ 8-103.01 et seq. (2013 Repl.)); Mayor’s Order 2006-61, Section 7 and 29, dated June 14, 2006; and Mayor’s Order 2009-113, dated June 18, 2009. Source: Final Rulemaking published at 52 DCR 5077 (May 27, 2005); as amended by Final Rulemaking published at 61 DCR 8407 (August 15, 2014).District of Columbia, Office of the Secretary
3662 LEAD-BASED PAINT ABATEMENT AND CONTROL INFRACTIONS
3662.1 Reserved
3662.2 Violation of the following provisions shall be a Class 2 infraction:
- (a) Section 4(a)(3) of the Lead Based Paint Abatement and Control Act of 1996, effective April 9, 1997 (D.C. Law 11-221; D.C. Official Code § 8-115.03(a)(3)) (providing training to others for lead-based paint activities without accreditation);
- (b) Section 4(b) of the Lead Based Paint Abatement and Control Act of 1996 (D.C. Official Code § 8-115.03(b)) (applying lead-based paint or glaze to a surface);
- (c) Section 4(c) of the Lead Based Paint Abatement and Control Act of 1996 (D.C. Official Code § 8-115.03(c)) (selling, offering for sale, delivering, transferring, or possessing with intent to sell, deliver, or transfer an article intended for use by children that has lead-based paint or glaze applied);
- (d) Section 6(a) or (b) of the Lead Based Paint Abatement and Control Act of 1996 (D.C. Official Code § 8-115.05(a) or (b)) (failure to obtain certification before conducting a lead-based paint activity);
- (e) Section 7(a) of the Lead Based Paint Abatement and Control Act of 1996 (D.C. Official Code § 8-115.06(a)) (failure to obtain accreditation for each training course or review course offered);
- (f) Section 8(a) of the Lead Based Paint Abatement and Control Act of 1996 (D.C. Official Code § 8-115.07(a)) (failure to obtain a permit before conducting lead-based paint abatement);
- (g) 40 CFR 745.227(e)(6)(i), incorporated by reference in 20 DCMR § 806.1 (open-flame burning or torching of lead-based paint during an abatement);
- (h) 40 CFR 745.227(e)(6)(ii), incorporated by reference in 20 DCMR § 806.1 (machine sanding or grinding, or abrasive blasting or sandblasting of lead-based paint during an abatement, without High Efficiency Particulate Air (HEPA) exhaust control);
- (i) 40 CFR 745.225(e)(6)(iii), incorporated by reference in 20 DCMR § 806.1 (dry scraping of lead-based paint during an abatement, except in conjunction with heat guns or around electrical outlets, or when totaling no more than two (2) square feet in any one room, hallway, or stairwell or totaling no more than twenty (20) square feet on exterior surfaces);
- (j) 40 CFR 745.227(e)(6)(iv), incorporated by reference in 20 DCMR § 806.1 (operating a heat gun on lead-based paint during an abatement at one thousand one hundred degrees Fahrenheit (1100° F) or above); or
- (k) 40 CFR 745.227(e)(8), incorporated by reference in 20 DCMR § 806.1 (failure to perform or complete required post-abatement clearance procedures).
3662.3 Violation of Section 9 of the Lead Based Paint Abatement and Control Act of 1996 (D.C. Official Code § 8-115.08) (record-keeping requirements) shall be a Class 3 infraction.
3662.4 Violation of any provision of the Lead-Based Paint Abatement and Control Act of 1996, effective
April 9, 1997 (D.C. Law 11-221, as amended; D.C. Official Code §§ 8-115.01 to 8-115.14 (2001 & Supp. 2003)), or the Lead Control Rules, 20 DCMR § 806, that is not cited elsewhere in this section shall be a Class 4 infraction.
SOURCE: Final Rulemaking published at 52 DCR 5077 (May 27, 2005).