(a) The Mayor may issue a subpoena to compel the presentation of information pertinent to the regulation of the quality of District waters. If any person neglects or refuses to obey the subpoena, the Mayor may invoke the aid of a court of competent jurisdiction to compel compliance with the subpoena. The court may issue an order requiring the subpoenaed person to appear before the Mayor to produce the information requested. The court may punish any failure to obey an order issued pursuant to this subsection as a contempt thereof.
(b) For the purpose of enforcing this subchapter or any rule issued pursuant to this subchapter, the Mayor or his or her designated representative may, at any reasonable time, upon the presentation of appropriate credentials to the owner, operator, or agent in charge:
(1) Enter without delay any place to inspect any facilities, discharges, activities, equipment, wells, wetlands, underwater lands, or any other item that reasonably relates to the regulation of the quality of District waters;
(2) Inspect and obtain samples of any water or soil that will assist in regulating the quality of District waters; and
(3) Inspect and copy any record, report, information, or test result required to be maintained pursuant to the rules issued pursuant to this subchapter.
(c) If the Mayor is denied access to any place, that reasonably relates to the regulation of the quality of District waters, the Mayor may apply to a court of competent jurisdiction for a search warrant.
(Mar. 16, 1985, D.C. Law 5-188, § 16, 32 DCR 919; Nov. 13, 2003, D.C. Law 15-39, § 612(f), 50 DCR 5668.)
1981 Ed., § 6-935.
This section is referenced in § 8-103.09.
D.C. Law 15-39, rewrote subsecs. (a) and (b); and added subsec. (c).
For temporary (90 day) amendment of section, see § 612(f) of Fiscal Year 2004 Budget Support Emergency Act of 2003 (D.C. Act 15-105, June 20, 2003, 50 DCR 5613).
For temporary (90 day) amendment of section, see § 612(f) of Fiscal Year 2004 Budget Support Congressional Review Emergency Act of 2003 (D.C. Act 15-149, September 22, 2003, 50 DCR 8360).
Structure District of Columbia Code
Title 8 - Environmental and Animal Control and Protection
Chapter 1 - Environmental Controls
Subchapter II - Water Pollution Control
§ 8–103.02. Discharge of pollutants prohibited; exception
§ 8–103.03. Protection of aquatic life
§ 8–103.03a. Fishing License Fund
§ 8–103.04. Classification of beneficial uses of waters
§ 8–103.05. Monitoring for compliance with subchapter
§ 8–103.09a. District of Columbia Wells Maintenance Fund; establishment; financing. [Repealed]
§ 8–103.09b. Stormwater In-Lieu Fee Payment Fund
§ 8–103.09c. Soil Erosion and Sediment Control Fund
§ 8–103.09d. Stormwater Fees Fund
§ 8–103.11. Water quality management plan
§ 8–103.12. Mayor authorized to issue research grants
§ 8–103.13. Mayor authorized to regulate construction
§ 8–103.13a. Well construction, maintenance, and abandonment
§ 8–103.13b. Fees, reimbursements, and costs
§ 8–103.14. Use of sludge from treatment facilities
§ 8–103.15. Subpoena and inspection powers of Mayor