D.C. Mun. Regs. tit. 20, § 104
Entry and Inspection
Effective Jun 5, 202067 DCR 6758Authority: The Director of the Department of Energy and Environment (DOEE or Department), pursuant to the authority set forth in Sections 5 and 6 of the District of Columbia Air Pollution Control Act of 1984 (the “Act”), effective March 15, 1985 (D.C. Law 5-165; D.C. Official Code §§ 8-101.01 et seq. (2013 Repl. & 2019 Supp.)); Section 107(4) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.07(4) (2013 Repl.)); and Mayor’s Order 2006-61, dated June 14, 2006. Source: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, §104 32 DCR 562, 569 (February 1, 1985); as amended by Notice of Final Rulemaking published at 67 DCR 6758 (June 5, 2020).District of Columbia, Office of the Secretary
104.1 Upon the presentation of appropriate credentials to the owner, agent in charge, or tenant, the Department shall have the right, subject to § 104.3 of this section, to enter a premise or inspect an activity reasonably believed to be subject to the air quality regulations to determine compliance with the requirements of the air quality regulations. The right of entry shall be for the following purposes:
- (a) Inspection, including the right to inspect and copy records related to compliance with the air quality regulations;
- (b) Observation;
- (c) Measurement;
- (d) Sampling;
- (e) Testing; and
- (f) Evidence collection.
104.2 The Department may:
- (a) Investigate and take testimony under oath regarding any report of noncompliance with a federal or District law or regulation applicable to air pollution control; and
- (b) In addition to the requirements of Chapter 5 of Title 20 DCMR, require a person or entity subject to the air quality regulations, or who the Department reasonably believes may have information necessary to carry out the purposes of the air quality regulations, on a one-time, periodic, or continuous basis to:
- (1) Establish, maintain, and submit records and reports;
- (2) Install, use, and maintain monitoring equipment, and use audit procedures or methods;
- (3) Take samples in accordance with such procedures or methods, at such locations, at such intervals, during such periods, and in such manner as the Department shall prescribe;
- (4) Keep records on control equipment parameters, production variables, or other indirect data as appropriate;
(5) Submit compliance certifications; and
(6) Provide other information as the Department may require.
104.3 If the Department is denied access to enter or inspect the premises in accordance with this section, the Department may apply to the Superior Court of the District of Columbia or the Office of Administrative Hearings pursuant to § 12(b)(12) of the Office of Administrative Hearings Establishment Act of 2001, effective March 6, 2002 (D.C. Law 14-76; D.C. Official Code § 2-1831.09(b)(12)) for a search warrant.
SOURCE: Section 3 of the District of Columbia Air Pollution Control Act of 1984, D.C. Law 5-165, §104 32 DCR 562, 569 (February 1, 1985); as amended by Notice of Final Rulemaking published at 67 DCR 6758 (June 5, 2020).