Title 8 — Environmental and Animal Control and Protection.

The Council finds that the public interest is best served when the public health and the environment are protected by the cleanup of contaminated properties. Accordingly, the Council declares its policy is to: (1) Create incentives for the voluntary cleanup and redevelopment of c…

For the purposes of this chapter, the term: (1) “Applicant” means a person who submits an application to participate in the Voluntary Cleanup Program established by § 8-633.01. (1A) “Bona fide prospective purchaser” means a person, or tenant of a person, who acquires ownership of…

(a) It shall be unlawful to release any hazardous substance in the District, unless the release is in quantities permitted by federal or District law or by regulations promulgated by the Mayor to implement this chapter. A lawful release of a hazardous substance shall be reported …

(a) A person shall not be liable pursuant to § 8-632.01(b) if the person establishes, by a preponderance of the evidence, that the release or contamination was caused by any of the following: (1) An act of God; (2) An act of war; (3) The migration, flow, or movement of hazardous …

(a) If DDOE approves an applicant’s status as a non-responsible person pursuant to § 8-633.02, the participant’s status as a non-responsible person continues upon acquiring an interest in the eligible property. (b) Except as provided in subsection (c) of this section, a non-respo…

(a) There is hereby established a Voluntary Cleanup Program (“Program”) within DDOE to encourage the private voluntary cleanup of contaminated properties. The DDOE shall administer the Program and shall be responsible for: (1) Investigating brownfield and other properties with kn…

(a) In order to participate in the program, a person shall submit, on a form to be provided by DDOE, the following: (1) Repealed; (2) Information which establishes that the property is an eligible property; (3) A detailed report, with all available relevant information on the env…

(a) The participant shall submit a cleanup action plan to DDOE, after the approval of an application to participate in the Program. The cleanup action plan shall be in accordance with DDOE cleanup standards and shall be approved or disapproved within 90 business days after its su…

(a) The Mayor may require an applicant to pay a fee not to exceed $10,000 upon submission of an application to participate in the Program. (b) A performance bond, in an amount to be determined by DDOE, as necessary to secure and stabilize the eligible property if the cleanup acti…

(a) DDOE shall publish in the District of Columbia Register, within 180 business days of June 13, 2001, cleanup standards for contaminated properties. The cleanup standards shall be based on sound science and acceptable industry standards for the cleanup of contaminated propertie…

(a) The participant shall notify DDOE that the cleanup action plan has been fully implemented, by submitting a cleanup completion report once the cleanup action plan has been completely implemented. (b) The completion report shall state: (1) Sampling results; (2) A description of…

(a) Except as provided in subsections (b) and (c) of this section, a participant may withdraw from the Program at the time of a pending application or cleanup action plan, or after receiving a Certificate of Completion. To effectively withdraw from the Program, a participant shal…

(a) There is established, the Clean Land Fund, as a non-lapsing, revolving fund. The Clean Land Fund shall receive and disburse funds from appropriations, income from operations, fees, gifts by devise or bequest, donations, grants, revenues from a source pursuant to the Program, …

(a) Upon receipt of information of a threatened or actual release of a hazardous substance, the Mayor may: (1) Take response action not inconsistent with the Hazardous Substances Response Plan that the Mayor considers necessary to protect the public health or welfare or the envir…

(a) A person who receives and complies with the terms of an order issued under this chapter may petition the Mayor for the reimbursement of the reasonable costs of the action, plus interest, from the Clean Land Fund; provided, that: (1) The required action has been completed to t…

(a) The Mayor, upon reasonable notice, may require any person who has or may have responsive information to: (1) Furnish information or documents relating to: (A) The identification, nature, and quantity of material that has been or is generated, stored, treated, or disposed of a…

(a) Upon a determination of a threat or an actual release of a hazardous substance that is a threat to the public health, welfare, or the environment, for the purpose of inspection and obtaining samples, the Mayor may enter at reasonable times, and issue orders as necessary to ga…

If the Mayor selects a response action pursuant to § 8-634.01 that results in any hazardous substances remaining at the site, the Mayor shall review the response action no less often than each 5 years after the initiation of the response action to assure that human health and the…

Pursuant to § 8-634.01, a person who: (1) Violates or fails to comply with an order of the Mayor, permit, or other applicable standard, requirement, regulation, or provisions of law pursuant to this chapter, shall be liable for: (A) Civil penalties not to exceed $10,000 for each …

The Mayor may request the Attorney General, and the Attorney General shall have authority, to commence a civil action in the Superior Court of the District of Columbia: (1) To compel compliance with an order of the Mayor, permit, or other applicable standard, requirement, regulat…

(a) The Mayor, in his or her discretion, may enter into an agreement with a person to perform a response action if the Mayor determines that the response action will be properly completed by the person. (b) The agreement shall be subject to public notice and comment. The Mayor ma…

(a) A person may seek contribution from another person who is liable under § 8-632.01. The claim shall be brought in the Superior Court of the District of Columbia. In resolving a contribution claim, the court may allocate a response cost among liable parties using the equitable …

(a) The provisions of § 12-301(10) notwithstanding, an action by or on behalf of the Mayor to recover the cost of a response action under this section must be commenced within 6 years after the initiation of physical onsite response work. (b) An action to compel the Mayor or anot…

(a) In considering a challenge made to a response action taken or ordered under this chapter, or the denial of all or part of a petition for reimbursement under this chapter, the court shall uphold the Mayor’s decision in selecting the response action unless the objecting party c…

(a) DDOE is authorized to create, modify, maintain and disseminate records, informational systems, educational materials and other materials that are necessary to protect public health and the environment at contaminated properties cleaned up pursuant to this chapter or any other…

(a) Prior to the approval of any application or cleanup action plan, and before the issuance of a Certificate of Completion, DDOE shall provide the public with a 14-day notice to comment on the proposed approval or issuance. Public comments required pursuant to this section shall…

(a) In addition to the provisions of § 8-636.01, DDOE may develop public involvement plans, which may include public hearings, the posting on a property of an intent to conduct a response or cleanup action, and the requirement to include a summary of proposed plans in the public …

A court shall not review a challenge to a response action chosen by the Mayor or to review any order issued by the Mayor, pursuant to § 8-634.01, except in the following circumstances: (1) An action pursuant to § 8-634.01(a)(4); (2) An action for reimbursement pursuant to § 8-634…

(a) The Mayor may submit proposed rules to the Council to establish credits that offset real property taxes and business franchise taxes in connection with the cleanup and redevelopment of a contaminated property. The proposed rules shall be submitted to the Council for a 45-day …

(a) The Mayor may grant a property tax reduction on a contaminated property for the cleanup and the redevelopment of the property. The Mayor may grant the deferral or forgiveness of any delinquent real property taxes, delinquent special assessments, cost or fee assessed to correc…

The Mayor shall establish an Environmental Savings Account Program which shall permit any person, to establish an Environmental Savings Account (“ESA”) for the purpose of accumulating funds to be used for the cleanup or the redevelopment of a contaminated property. Funds deposite…

(a) Subject to availability of funds in the Clean Land Fund established by § 8-633.08, the Mayor may award grants and provide financial assistance for the cleanup and redevelopment of contaminated property. The financial assistance, in the form of grants or loans, to be made at a…

(a) The Mayor may promulgate rules to implement the provisions of this chapter, including provisions concerning site assessment, financial assurance, feasibility studies, response actions, enforcement, cleanup standards, natural resources, public participation, and other provisio…