Code of the District of Columbia

§ 8–101.05a. Inspection; right of entry.

(a) Upon the presentation of appropriate credentials to the owner, agent in charge, or tenant, the Mayor shall have the right, subject to subsection (c) of this section, to enter a premises or inspect an activity reasonably believed to be subject to this part to determine compliance with this part or a regulation promulgated pursuant to this part. The right of entry shall be for the following purposes:

(1) Inspection, including the right to inspect and copy records related to compliance with this part and regulations promulgated pursuant to this part;

(2) Observation;

(3) Measurement;

(4) Sampling;

(5) Testing; and

(6) Collection of evidence.

(b) The Mayor may:

(1) Investigate and take testimony under oath regarding any report of noncompliance with a federal or District law or regulation applicable to air pollution control;

(2) Require a person or entity subject to this part or a regulation promulgated pursuant to this part, or who the Mayor reasonably believes may have information necessary to carry out the purposes of this part, on a one-time, periodic, or continuous basis to:

(A) Establish, maintain, and submit records and reports;

(B) Install, use, and maintain monitoring equipment, and use audit procedures, or methods;

(C) Sample emissions in accordance with such procedures or methods, at such locations, at such intervals, during such periods and in such manner as the Mayor shall prescribe;

(D) Keep records on control equipment parameters, production variables, or other indirect data, as appropriate;

(E) Submit compliance certifications; and

(F) Provide other information as the Mayor may require.

(c) If the Mayor is denied access to enter or inspect the premises in accordance with this section, the Mayor may apply to the Superior Court of the District of Columbia, pursuant to § 11-941, or the Office of Administrative Hearings, pursuant to § 2-1831.09(b)(12), for a search warrant. An owner's denial of access to conduct an inspection in accordance with this section shall constitute a violation of this section, and the owner shall be subject to the civil and administrative penalties imposed by § 8-101.05c and the criminal penalties imposed by § 8-101.05d.

(d) The Mayor may require reimbursement of costs for services, including inspections, sample collection, document review, or other reasonable costs or fees incurred in implementing this part or a regulation promulgated pursuant to this part.


(Mar. 15, 1985, D.C. Law 5-165, § 5a; as added Sept. 9, 2014, D.C. Law 20-135, § 101(b), 61 DCR 6767; Oct. 8, 2016, D.C. Law 21-160, § 6012(b), 63 DCR 10775.)