4002.1 Violation of any of the following provisions shall be a Class 1 infraction:

1. (a) 20 DCMR § 2200.1 (manufacture, sale, shipment, use, or application of a pesticide not registered with the United States Environmental Protection Agency (EPA); use of a pesticide in manner not specified or approved by EPA);
2. (b) 20 DCMR § 2204.1 (administering a pesticide by a person who is neither licensed nor a registered employee acting under the supervision of a licensed applicator);
3. (c) 20 DCMR § 2207.3 (falsifying, refusing, or neglecting to maintain or make available required records);
4. (d) 20 DCMR § 2207.9 (making a false or fraudulent record, invoice, or report);
5. (e) 20 DCMR § 2207.10 (aiding, abetting, or conspiring to evade pesticide laws or regulations);
6. (f) 20 DCMR § 2207.11 (making a fraudulent or misleading statement during or after an inspection of a pest infestation);
7. (g) 20 DCMR § 2207.12 (impersonating a federal, state, or District inspector or official);
8. (h) 20 DCMR § 2207.13 (distributing an adulterated pesticide);
9. (i) 20 DCMR § 2210.5 (failure to apply a pesticide in a manner to prevent harmful effects to the environment);
10. (j) 20 DCMR § 2210.8 (performing an inspection for wood-destroying organisms by a pesticide operator who is not licensed in the “Wood Destroying Organisms” subcategory as described in 20 DCMR § 2301.1(d)(2));
11. (k) 20 DCMR § 2211.1 (disposing, storing, or discarding a pesticide container or rinsate in a manner that causes or may cause injury to humans, vegetation, crops, livestock, wildlife, or pollinating insects, or that pollutes any waterway or waterway supply);
12. (l) 20 DCMR § 2211.3 (handling, transporting, storing, displaying, or

distributing a pesticide in a manner that endangers humans, the environment, food, feed, or any product);

(m) 20 DCMR § 2215.1 (performing fumigation without being a licensed applicator certified to perform fumigation or without supervision by a licensed applicator certified to perform fumigation);

(n) 20 DCMR § 2215.2 (failure to train and provide safety equipment to each member of fumigation crew);

(o) 20 DCMR § 2215.3 (failure to notify the nearest fire station and the Director prior to fumigation);

(p) 20 DCMR § 2215.5 (failure to conspicuously post warning signs for fumigation);

(q) 20 DCMR § 2215.7 (failure to have a guard present on-site during fumigation);

(r) 20 DCMR § 2215.8 (failure of guard to be capable, awake, alert, or to remain on duty at the site at all times);

(s) 20 DCMR §§ 2215.9 or 2215.10 (failure to comply with a requirement for introducing a fumigant or for allowing re-occupancy after fumigation);

(t) 20 DCMR §§ 2400.2 or 2400.3 (permitting the use of a pesticide or restricted-use pesticide by a person who is neither a licensed and certified applicator or a registered employee acting under the direct supervision of a licensed applicator); or

(u) 20 DCMR § 2502.2 (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:

(a) 20 DCMR § 2200.3 (distributing a pesticide not registered with the Department);

(b) 20 DCMR § 2200.7 (failure to distribute a registered pesticide in the registrant’s or manufacturer’s unbroken immediate container);

(c) 20 DCMR § 2200.8 (failure to comply with a labeling, container, or wrapper requirement);

1. (d) 20 DCMR § 2200.9 (detaching, altering, defacing, or destroying a label required by FIFRA);
2. (e) 20 DCMR § 2203.1 (failure to obtain a license);
3. (f) 20 DCMR § 2205.5 (improper use of a public applicator license);
4. (g) 20 DCMR § 2207.1 (using a pesticide in a manner inconsistent with its labeling or in violation of imposed restrictions);
5. (h) 20 DCMR § 2207.2 (making a pesticide recommendation that is inconsistent with its labeling or in violation of imposed restrictions);
6. (i) 20 DCMR § 2207.4 (using fraud or misrepresentation in applying for certification or a license);
7. (j) 20 DCMR § 2207.6 (making a false or fraudulent claim through any media that misrepresents the effect of a pesticide or method to be utilized in its application);
8. (k) 20 DCMR § 2207.7 (applying an ineffective or improper pesticide; operating faulty or unsafe equipment);
9. (l) 20 DCMR § 2207.8 (using or supervising the use of a pesticide in a faulty, careless, or negligent manner);
10. (m) 20 DCMR § 2207.14 (failure to register a pesticide in the District of Columbia);
11. (n) 20 DCMR § 2208.1 (distributing a pesticide or device that is misbranded);
12. (o) 20 DCMR §§ 2208.3 to 2208.4 or 2208.6 to 2208.14 (failure to comply with a labeling, package, container, or wrapper requirement);
13. (p) 20 DCMR § 2208.5 (offering for sale a pesticide under the name of another pesticide or imitation of another pesticide);
14. (q) 20 DCMR § 2210.1 (using a pesticide in a manner inconsistent with its labeling, or in violation of a law or regulation);
15. (r) 20 DCMR § 2210.2 (failing to maintain equipment);

(s) 20 DCMR § 2212.1 (failure to instruct an employee on the hazards of pesticide use and proper steps to avoid those hazards);

(t) 20 DCMR § 2212.2 (failure to provide an employee with necessary safety equipment and protective clothing);

(u) 20 DCMR § 2212.3 (failure to inform an employee of reentry requirements or provide necessary protective clothing or apparatus if premature reentry is necessary);

(v) 20 DCMR §§ 2300.1 or 2300.2 (purchasing or using a restricted-use pesticide without a license and not under the direct supervision of a licensed commercial or public applicator, or supervising the use of a restricted-use pesticide without a license);

(w) 20 DCMR § 2311.9 (failure to instruct an employee on proper pesticide use);

(x) 20 DCMR §§ 2400.1 or 2400.4 (failure of a person or place of business to obtain a license);

(y) 20 DCMR § 2400.5 (transferring a pesticide operator license from one business to another); or

(z) 20 DCMR § 2402.7 (using a restricted-use pesticide without the supervision of a licensed certified applicator during the grace period provided in 20 DCMR § 2402).

4002.3 In addition to § 4002.2, violation of any of the following provisions shall be a Class 2 infraction:

(a) 20 DCMR § 2508.10 (failure to report a significant pesticide accident or incident when required to do so by the Director); or

(b) 20 DCMR § 2509.4 (selling or transferring a restricted-use pesticide to any person other than a licensed certified applicator or authorized representative).

4002.4 Violation of any of the following provisions shall be a Class 3 infraction:

(a) 20 DCMR § 2200.5 (using or revealing for one's own advantage information relating to the formula of a pesticide registered with the Department);

1. (b) 20 DCMR § 2207.5 (refusing or neglecting to comply with a limitation or restriction on a certification or license);
2. (c) 20 DCMR § 2210.3 (using a pesticide container for a purpose other than containing the original product);
3. (d) 20 DCMR § 2210.6 (applying a pesticide when the wind velocity will cause the pesticide to drift beyond the target area);
4. (e) 20 DCMR § 2210.7 (displaying or offering for sale a pesticide in a container which is damaged or has a damaged or obscure label);
5. (f) 20 DCMR §§ 2305.1 or 2307.4 (failure to renew certification);
6. (g) 20 DCMR § 2311.1 (applying a pesticide without the direct supervision of a licensed certified applicator);
7. (h) 20 DCMR §§ 2403.2, 2403.3, 2403.6, or 2403.7 (failure to comply with liability insurance requirements);
8. (i) 20 DCMR § 2507.3 (failure to renew a license on or before the first day of a licensure period);
9. (j) 20 DCMR §§ 2508.1 to 2508.3, 2508.5 to 2508.7, or 2508.11 to 2508.13 (failure to comply with a record keeping requirement or provide records or other information);
10. (k) 20 DCMR §§ 2509.1 to 2509.3 (failure to comply with a record keeping requirement for or provide records on restricted-use pesticides);
11. (l) D.C. Official Code § 8-403.01(a) or 8-403.04 (failure to provide customer with required information before a pesticide application);
12. (m) D.C. Official Code § 8-403.01(b) (failure to provide customer with advance notice of a pesticide application upon request); or
13. (n) D.C. Official Code § 8-403.02 (failure to provide tenant and resident with required information before a pesticide application).

4002.5 Violation of any of the following provisions shall be a Class 4 infraction:

(a) 20 DCMR §§ 2204.4 or 2204.5 (failure to register an employee who works under the direct supervision of a licensed, certified applicator within thirty (30) days of employment);

1. (b) 20 DCMR § 2204.8 (failure to give written notice of termination of registered employee within thirty (30) days of termination or failure to return terminated employee's identification card);
2. (c) 20 DCMR § 2210.4 (failure to use an effective anti-siphon device for equipment);
3. (d) 20 DCMR § 2214.1 (failure to post a sign at the time of pesticide application that meets the requirements of 20 DCMR § 2214);
4. (e) 20 DCMR § 2300.18 (failure to post license conspicuously);
5. (f) 20 DCMR § 2300.19 (failure to make license accessible for inspection);
6. (g) 20 DCMR § 2306.4 (failure to submit credentials and license to employer after termination of employment);
7. (h) 20 DCMR § 2306.5 (failure to notify the Director of the termination of an employee and return a terminated employee's license and credentials to the Director within ten (10) working days of employee submitting license and credentials);
8. (i) 20 DCMR § 2311.7 (failure to have a pesticide label at work site);
9. (j) 20 DCMR § 2400.6 (failure to surrender a license within ten (10) working days of termination of a business);
10. (k) 20 DCMR § 2400.8 (failure to post license conspicuously);
11. (l) 20 DCMR § 2400.9 (failure to make license accessible for inspection);
12. (m) 20 DCMR § 2402.2 (failure to post certificate conspicuously or make accessible during normal business hours for inspection); or
13. (n) 20 DCMR § 2402.4 (failure to notify the Director when supervision by a licensed certified applicator is not available).

4002.6 Violation of any provision of the Pesticide Operations Act of 1977, effective April 18, 1978 (D.C. Law 2-70, as amended; D.C. Official Code §§ 8-401 to 8-419), 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).