§ 8-434 — Exemptions.

(a) Section 8-433 shall not apply to the use of a pesticide for the purpose of improving or maintaining water quality at:

(1) Drinking water treatment plants;

(2) Wastewater treatment plants;

(3) Reservoirs and swimming pools; and

(4) Related collection, distribution, and treatment facilities.

(b) A person or entity may apply to the Department for an exemption from § 8-433 for a District restricted-use pesticide. The Department may grant an exemption if the applicant demonstrates:

(1) That the applicant has made a good-faith effort to seek effective and economical alternatives to the restricted-use or District restricted-use pesticides, and they are unavailable;

(2) That providing a waiver will not violate District or federal law; and

(3) That use of the restricted-use or District restricted-use pesticide on the property prohibited under § 8-433 is linked to a need to protect health, the environment, or property.

(c) Repealed.

(d) A person or entity subject to § 8-433 may apply to the Department for an emergency exemption if an emergency pest outbreak poses an imminent threat to public health or if significant economic damage would result from the inability to use a pesticide prohibited or restricted by § 8-433 . The Department shall impose specific conditions for the granting of emergency applications.

(e) The Department may, as set forth by the Mayor in regulations, require that an applicant who applies for substantially the same exemption at substantially the same property due to managing pests with proper adherence to IPM principles attend a District-approved IPM course.

Legislative History

Oct. 23, 2012, D.C. Law 19-191, § 5, 59 DCR 10166