2309.1 Competency in the use and handling of pesticides by a private applicator shall be determined by procedures set forth in this section.

2309.2 As a minimum requirement for certification, a private applicator shall show that he or she possesses a practical knowledge of the following:

(a) The pest problems and pest control practices associated with the agricultural operations, proper storage, use, handling, and disposal of the pesticides and containers with which the applicator will be involved; and

(b) The legal responsibilities related to the applicator's job.

2309.3 An applicator's practical knowledge as described by the EPA at 40 CFR § 171.5 includes the ability to do the following:

(a) Recognize common pests to be controlled and the damage caused by these pests;

(b) Read and understand the label and labeling information, including the common name of pesticides the applicator applies, the pest or pests to be controlled, the timing and methods of applications, the safest precautions, the pre-harvest or reentry restrictions, and any specific disposal procedures;

(c) Apply pesticides in accordance with label instructions and warnings, including the ability to prepare the proper concentration of pesticide to be used under particular circumstances, taking into account such factors as area to be covered, speed at which application equipment will be driven, and the quantity dispersed in a given period of operation;

(d) Recognize local environmental situations that must be considered during an application in order to avoid contamination; and

(e) Recognize poisoning symptoms and know procedures to follow in case of a pesticide accident.

2309.4 The competence of each private applicator shall be verified by the Director through the administration of a private applicator certification system which ensures that the private applicator is competent based upon the standards set forth in this section, to use the restricted use pesticides under limitations of applicable District and federal laws and regulations.

2309.5 The certification system required by § 2309.4 shall employ a written demonstration of competence or any other equivalent system as may be adopted by the Director subject to the approval of the EPA.

SOURCE: As amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978).