2500 GENERAL ADMINISTRATIVE AUTHORITY

2500.1 The Mayor shall administer and enforce the provisions of D.C. Law 2-70 (the "Act"), and is authorized to promulgate, rescind, and amend regulations to carry out the provisions of the Act.

2500.2 The Mayor shall not promulgate, rescind, and amend regulations to carry out the provisions of the Act without first holding a public hearing following due notice in conformance with the provisions of the D.C. Administrative Procedure Act (D.C. Code §1-1501 et. seq. (1981)).

2500.3 The Mayor is authorized, after a public hearing following due notice, to declare any insect, rodent, nematode, fungus, weed, or any other form of terrestrial or aquatic plant or animal life or virus, bacteria, or other microorganism (except viruses, bacteria, or other microorganism on or in living man or other living animals) which is injurious to the environment or the health of man or other animals to be a pest.

2500.4 Taking into account the economic, social, and environmental costs and benefits of the use of any pesticide, the Mayor is authorized to do the following:

(a) Prescribe pesticides and equipment to be used;

(b) Restrict or prohibit the use of pesticides and equipment to the extent necessary to protect the public health and safety; and

(c) Take any other action as the Mayor may deem necessary to prevent any unreasonable risk to man or the environment.

2500.5 To comply with § 4 of the FIFRA, the Mayor is authorized to make any reports to the U.S. Environmental Protection Agency (the "EPA") in the form and containing the information as the Administrator may from time to time require.

2500.6 The Mayor may cooperate, receive grants-in-aid, and enter into agreements with any agency of the federal government or the District, or with any agency of a state, to obtain assistance in the implementation of the Act, or in the enforcement of the FIFRA.

2500.7 If an emergency condition so dictates, the Director may petition the Administrator of the EPA for an exemption from any provisions of the FIFRA.

AUTHORITY: Unless otherwise noted, the authority for this chapter is § 412 of the District of Columbia Self-Government and Governmental Reorganization Act, as amended, 87 Stat. 790, Pub. L. No. 93-198, D.C. Code § 1-227(a); and the Commissioner's Order 71-255 effective July 27, 1971; as amended by Commissioner's Order 72-96 effective April 19, 1972; and by the Pesticide Operations Act of 1977, D.C. Law 2-70, 24 DCR 6867 (February 17, 1978); Mayor's Order 78-156 dated August 1, 1978.

SOURCE: Sections 12 and 17 of the Pesticide Operations Act of 1977, D.C. Law 2-70, 25 DCR 6867, 6889, 6893 and 6895 (February 17, 1978); as amended by As amended by Final Rulemaking published at 25 DCR 3044 (October 6, 1978), incorporating Proposed Rulemaking published at 25 DCR 2118 (August 25, 1978).

EDITOR'S NOTE: Chapter 13, Pesticides: Administration and Enforcement was renumbered Chapter 25.