Title 8, Environmental and Animal Control and Protection.

(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…

(a) The urban forest of the District of Columbia, growing on both public and private land, is one of the District’s great natural resources. (b) A healthy, vibrant urban forest provides numerous environmental benefits, including: (1) Heat island effect mitigation and reduced ener…

For the purposes of this chapter, the term: (1) “Circumference” means the linear distance around the trunk of a tree, when measured at a height of 4 1/2 feet. (2) “Director” means the Director of the Department of Transportation. (3) “Hazardous tree” means a tree that, in the opi…

(a)(1) There is hereby established an Urban Forest Preservation Program for the District of Columbia which shall be administered by the Mayor. The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, shall promulgate standards and regulations governing the administration of t…

(a) It shall be unlawful for any person or nongovernmental entity, without a Special Tree removal permit issued by the Mayor, to top, cut down, remove, girdle, break, or destroy any Special Tree. (b) The Mayor shall issue a Special Tree removal permit under this section where the…

(a) Unless the tree is a Hazardous Tree, before removing a tree on public space, the Director shall provide not less than 15 days written notice to the affected Advisory Neighborhood Commission, and shall set forth the reason for the proposed removal. (b) Public utility companies…

(a) Nothing in this chapter shall prohibit the Mayor or a property owner from immediately removing a Hazardous Tree. (b) No property owner shall permit a tree or tree part, dead or alive, to stand on his or her property, including the public parking area associated with that prop…

(a) There shall be established a fund designated as the Tree Fund, which shall be a sub-fund of the Local Road Construction and Maintenance Fund and separate from the General Fund of the District of Columbia. Monies deposited into the Tree Fund shall not revert to the General Fun…

Civil fines, penalties, and fees may be imposed as sanctions for any infraction of the provisions of this chapter, or any regulations issued under the authority of this chapter, pursuant to Chapter 18 of Title 2.

For the purposes of this chapter, the term: (1) “Activity and use limitations” means restrictions or obligations created under this chapter with respect to real property. (2) “Common-interest community” means a condominium, cooperative, or other real property with respect to whic…

(a) Any person, including a person that owns an interest in the real property, the environmental agency, or a municipality or any other unit of local government, may be a holder. An environmental covenant may identify more than one holder. The interest of a holder is an interest …

(a) An environmental covenant must: (1) State that the instrument is an environmental covenant executed pursuant to this chapter; (2) Contain a legally sufficient description of the real property subject to the covenant; (3) Describe the activity and use limitations on the real p…

(a) An environmental covenant that complies with this chapter runs with the land. (b) An environmental covenant that is otherwise effective is valid and enforceable even if: (1) It is not appurtenant to an interest in real property; (2) It can be or has been assigned to a person …

This chapter does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or …

(a) A copy of an environmental covenant shall be provided by the persons designated by the agency and in the manner required by the environmental agency to: (1) Each person that signed the covenant; (2) Each person holding a recorded interest in the real property subject to the c…

(a) An environmental covenant and any amendment or termination of the covenant must be recorded with District of Columbia Recorder of Deeds. For purposes of indexing, a holder shall be treated as a grantee. (b) Except as otherwise provided in § 8-671.08(c), an environmental coven…

(a) An environmental covenant is perpetual unless it is: (1) By its terms limited to a specific duration or terminated by the occurrence of a specific event; (2) Terminated by consent pursuant to § 8-671.09; (3) Terminated pursuant to subsection (b) of this section; (4) Terminate…

(a) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by: (1) The environmental agency; (2) Unless waived by the environmental agency, the current owner of the fee simple of the real property subject to the covenant; …

(a) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by: (1) A party to the covenant; (2) The Attorney General of the District of Columbia; (3) Any person to whom the covenant expressly grants power to enforce; (…

(a) The Environmental Health Administration shall establish and maintain a registry that contains all environmental covenants and any amendment or termination of those covenants. The registry may also contain any other information concerning environmental covenants and the real p…

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2, may issue rules to implement the provisions of this chapter.

In applying and construing this uniform act [this chapter], consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

This chapter modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, approved June 30, 2000 (114 Stat. 467; 15 U.S.C. § 7001 et seq.), but does not modify, limit, or supersede section 101 of that act (15 U.S.C. § 7001(a) ) or authori…

(a) Any person may file a complaint of a trash collection noise violation with the Mayor. (b) A complaint under subsection (a) of this section shall be submitted in written form prescribed by the Mayor and made available on the District of Columbia website. The complaint shall be…

The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this chapter.

(a) For the purposes of this section, the term: (1) “Debris removal operations” means: (A) Actions contributing to the removal of debris, including the collection, pick-up, hauling, and storage of debris at a temporary site; (B) Segregation, reduction, and final disposal of debri…

The purpose of this chapter is to provide civil sanctions and to eliminate criminal liability for violating a variety of local laws and rules, to provide for civil enforcement of these violations, and to establish an expeditious administrative adjudicative system.

(a)(1) The Mayor of the District of Columbia (“Mayor”) shall enforce Chapter 10A of this title and Chapter 10B of this title, §§ 601, 603, 604, 605, 606(a), (c), and (h), 607(a), (b), (c), (d), (e), (f), (g), (h), and (j), 608(a), 609(a), and 612 of Chapter 3 in Title 8 of the Di…

(a) For the purposes of this chapter, the term “nuisance” means a condition or circumstance violative of the provisions listed in § 8-802(a). (b) The Mayor may, consistent with constitutional safeguards, enter a nonresidential premises and inspect and investigate an allegation ab…

(a) In response to a notice of violation, a person issued a notice may do 1 of the following: (1) Admit the violation; (2) Admit the violation, but with an explanation; or (3) Deny the violation. (b) Except as provided in subsection (c) of this section, no response other than tho…

(a) A hearing for judging a violation actionable under this chapter shall be held before a hearing examiner referred to in § 8-808, and the hearing shall be conducted according to subchapter I of Chapter 5 of Title 2. (b)(1) After due consideration of the evidence and arguments m…

(a) The Mayor shall reinspect a premises for which a notice of violation has been issued and for which abatement has been required. (b) The reinspection shall occur within a reasonable time of the date of issuance of the notice of violation or within a reasonable time of a hearin…

(a) The Mayor may impose any or all sanctions stated in this section. (b)(1) The Mayor shall prepare and the Council of the District of Columbia (“Council”) shall approve a schedule of fines for violating rules listed in § 8-802, and the fines, when adopted, shall be printed in t…

(a) A Solid Waste Nuisance Abatement Fund (“Fund”) is hereby established, separate from the General Fund of the District of Columbia, into which all fines, penalties, interest, charges and costs assessed pursuant to this chapter shall be deposited. The deposit of these monies sha…

(a) The Mayor shall appoint a chief hearing examiner and other hearing examiners needed to implement this chapter, and the administration of the hearing provided for in this section and in § 8-805 shall be regulated by the chief hearing examiner. (b) The powers of hearing examine…

(a) The hearing examiner’s decision may be appealed within 15 days of the issuance of the decision to the Board of Appeals and Review. (b) The parties may appeal a decision of the Board of Appeals and Review within 15 days of the issuance of the decision to the District of Columb…

The Mayor shall issue rules to implement this chapter under the provisions of subchapter I of Chapter 5 of Title 2, and the rules shall, at the least, establish a program of community service which may be used, according to an agreement under §§ 8-805(c)(3) and 8-807(e), as an al…