2502.1 The Department may conduct an inspection of an activity regulated under the Critical Area rules to ensure compliance with the rules.

2502.2 The Department or its representative may, at any reasonable time, upon the presentation of appropriate credentials, and with the consent of, the owner, operator, or person in charge:

1. (a) Enter premises where a regulated activity subject to the Critical Area rules is located or conducted;
2. (b) Access and copy any record, report, or other document or information related to compliance with the Act;
3. (c) Inspect any site or activity subject to this chapter, including to verify sufficient maintenance; and
4. (d) Conduct sampling, testing, monitoring, or analysis.

2502.3 A person performing a regulated activity shall communicate with the Department as follows:

1. (a) Provide preconstruction notification at least seven (7) business days before the start of the regulated or mitigation activity; and
2. (b) For the completion of the regulated activity or mitigation project, and to request a final inspection, contact the Department at least seven (7) days in advance.

2502.4 The Department may require an additional inspection at a particular stage of construction by specifying that requirement in the permit, or by specifying that it must be included in the approved final site plan or approved mitigation plan.

2502.5 No person may proceed with work past a stage of construction that the Department has identified as requiring an inspection unless:

1. (a) The Department's inspector has issued an "approved" or "passed" report;
2. (b) The Department has approved a permit, certification, or mitigation plan modification that eliminates the inspection requirement; or
3. (c) The Department otherwise eliminates or modifies the inspection requirement in writing.

2502.6 The Department shall determine whether the work, construction, and maintenance comply with the approved permit, certification, or mitigation plan.

2502.7 The Department may conduct inspections of the site on a periodic or as-needed basis.

2502.8 If the Department is denied access to enter or inspect and copy records pursuant to subsection (a) of this section, the Department may apply to the Superior Court for the District of Columbia for a search warrant.

SOURCE: Final Rulemaking published at 68 DCR 5254 (May 14, 2021).