D.C. Mun. Regs. tit. 20, r. 20-4301

Current through Register Vol. 71, No. 36, September 6, 2024

Rule 20-4301 - RIGHT OF ENTRY

4301.1

For the purpose of enforcing the laws and rules listed in § 4300 of this chapter, the Department shall have the right, upon presentation of appropriate credentials to the owner, operator, or agent in charge, to enter without delay, subject to § 4301.3 of this chapter, any place or vehicle where hazardous waste, used oil, or regulated medical waste are, or have been generated, handled, transported, treated, stored, or disposed.

4301.2

Appropriate credentials for making an inspection shall include:

(a) A duly issued photo identification card or badge showing the name of the inspector and proof of employment with the Department; or

(b) A notice of inspection issued by the Department, containing the following information:

(1) Name of the owner, operator, or agent in charge;

(2) Address of the place or identification of the vehicle to be inspected;

(3) Date of the inspection; and

(4) Signature of the inspector.

4301.3

Entry by the Department may be made, with or without prior notice, as follows:

(a) At any time, in emergency situations, or where there is an actual or potential immediate threat to human health and safety or the environment; and

(b) At any reasonable time in non-emergency situations. The following times shall be deemed reasonable for purposes of entry:

(1) Between the hours of 7:30 a.m. and 6:00 p.m. on weekdays; and

(2) Any hours during which the facility is open for business or operation.

D.C. Mun. Regs. tit. 20, r. 20-4301

Final Rulemaking published at 52 DCR 9653 (October 28, 2005); amended by Final Rulemaking published at 70 DCR 703 (1/20/2023)