reglab/housing_qa huggingface dataset:
DC Code § 8-633.07 (2021)
2021 District of Columbia Code|Title 8 - Environmental and Animal Control and Protection|Chapter 6A - Brownfield Revitalization|Subchapter III - Voluntary Cleanup Program|§ 8-633.07. Withdrawal from the Program

(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 shall: (1) Provide a 10-day written notice of the anticipated withdrawal to DDOE; (2) Stabilize and secure the eligible property, to the satisfaction of DDOE, to ensure the protection of the public health and environment; and (3) Forfeit any application fees. (b) If the participant is a non-responsible person, the participant may not be required by DDOE to cleanup the eligible property, but shall be held liable for new contamination or the exacerbation of the existing contamination at the eligible property. (c) If the participant is a responsible person, DDOE or the Mayor may take any applicable enforcement actions authorized pursuant to this chapter. (d) In the case of an involuntary withdrawal, where DDOE withdraws the approval of a non-responsible person’s cleanup action plan, that person may not be required to cleanup the eligible property, except that the provisions of subsection (a)(1), (2) and (3) and subsection (c) of this section shall apply to the person. (e) If an application, a cleanup action plan, or a Certificate of Completion is withdrawn, any letter or Certificate of Completion issued pursuant to this chapter shall be void and any bond or other security shall be forfeited.  (June 13, 2001, D.C. Law 13-312, § 307, 48 DCR 3804; Apr. 8, 2011, D.C. Law 18-369, § 2(a), 58 DCR 996.)  Section References This section is referenced in § 8-633.03. Effect of Amendments D.C. Law 18-369 substituted “DDOE” for “EHA” wherever it appeared. Emergency Legislation For temporary (90 day) amendment of section, see § 2(a) of Brownfield Revitalization Emergency Amendment Act of 2010 (D.C. Act 18-667, December 28, 2010, 58 DCR 95).
DC Code § 8-633.08 (2021)
2021 District of Columbia Code|Title 8 - Environmental and Animal Control and Protection|Chapter 6A - Brownfield Revitalization|Subchapter III - Voluntary Cleanup Program|§ 8-633.08. Clean Land Fund

(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, and revenues from other sources generated from enforcement at a contaminated property or from an action taken to prevent contamination, which sources of revenue may include enforcement actions under §§ 8-632.01 and 8-634.06 and cost recoveries under § 8-634.02. (b) Monies credited and any interest accrued to the fund shall remain available until expended, and shall not revert to the General Fund of the District of Columbia. Subject to appropriations, the Mayor shall use monies in the fund for the administration, improvement and maintenance of the Program, loans and grants made for contaminated property cleanup assistance pursuant to § 8-637.04, other brownfield revitalization incentives established by this chapter, and other activities associated with the Mayor’s cleanup of contaminated property, including the Mayor’s oversight and enforcement activity.  (June 13, 2001, D.C. Law 13-312, § 308, 48 DCR 3804; Apr. 8, 2011, D.C. Law 18-369, § 2(g), 58 DCR 996.)  Section References This section is referenced in § 8-637.04. Effect of Amendments D.C. Law 18-369, in subsec. (a), substituted “revenues from a source pursuant to the Program, and revenues from other sources generated from enforcement at a contaminated property or from an action taken to prevent contamination, which sources of revenue may include enforcement actions under §§ 8-632.01 and 8-634.06 and cost recoveries under § 8-634.02” for “and revenues from any source pursuant to the Program”; and, in subsec. (b), substituted “other brownfield revitalization incentives established by this chapter, and other activities associated with the Mayor’s cleanup of contaminated property, including the Mayor’s oversight and enforcement activity” for “and any other brownfield revitalization incentive established by this chapter”. Emergency Legislation For temporary (90 day) amendment of section, see § 2(g) of Brownfield Revitalization Emergency Amendment Act of 2010 (D.C. Act 18-667, December 28, 2010, 58 DCR 95).
DC Code § 8-634.04 (2021)
2021 District of Columbia Code|Title 8 - Environmental and Animal Control and Protection|Chapter 6A - Brownfield Revitalization|Subchapter IV - Hazardous Substance Response|§ 8-634.04. Entry, inspection, and sampling

(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 gain entry to, a facility, establishment, or other property if: (1) A hazardous substance may be, has been, or may have been generated, stored, treated, released, disposed of, or transported from the facility, establishment, or property; or (2) Entry is needed to determine the need for response, the appropriate response, or to effectuate a response action under this chapter. (b) The inspection and entry shall be completed with reasonable promptness.  (June 13, 2001, D.C. Law 13-312, § 404; as added Apr. 8, 2011, D.C. Law 18-369, § 2(k), 58 DCR 996.)  Emergency Legislation For temporary (90 day) addition, see § 2(k) of Brownfield Revitalization Emergency Amendment Act of 2010 (D.C. Act 18-667, December 28, 2010, 58 DCR 95).
DC Code § 8-634.05 (2021)
2021 District of Columbia Code|Title 8 - Environmental and Animal Control and Protection|Chapter 6A - Brownfield Revitalization|Subchapter IV - Hazardous Substance Response|§ 8-634.05. Review

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 environment are being protected by the response action being implemented. If, after the review, it is the judgment of the Mayor that action is appropriate at the site in accordance with § 8-634.01, the Mayor shall take or require the action.  (June 13, 2001, D.C. Law 13-312, § 405; as added Apr. 8, 2011, D.C. Law 18-369, § 2(k), 58 DCR 996.)  Emergency Legislation For temporary (90 day) addition, see § 2(k) of Brownfield Revitalization Emergency Amendment Act of 2010 (D.C. Act 18-667, December 28, 2010, 58 DCR 95).
DC Code § 8-634.06 (2021)
2021 District of Columbia Code|Title 8 - Environmental and Animal Control and Protection|Chapter 6A - Brownfield Revitalization|Subchapter IV - Hazardous Substance Response|§ 8-634.06. Civil penalties

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 day of noncompliance; and (B) An amount equal to 3 times the costs expended resulting from a failure to take proper action; and (2) Without sufficient cause, willfully violates, fails, or refuses 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 $25,000 for each day of noncompliance; and (B) An amount equal to 3 times the costs expended resulting from a failure to take proper action.  (June 13, 2001, D.C. Law 13-312, § 406; as added Apr. 8, 2011, D.C. Law 18-369, § 2(k), 58 DCR 996.)  Section References This section is referenced in § 8-633.08. Emergency Legislation For temporary (90 day) addition, see § 2(k) of Brownfield Revitalization Emergency Amendment Act of 2010 (D.C. Act 18-667, December 28, 2010, 58 DCR 95).
DC Code § 8-634.07 (2021)
2021 District of Columbia Code|Title 8 - Environmental and Animal Control and Protection|Chapter 6A - Brownfield Revitalization|Subchapter IV - Hazardous Substance Response|§ 8-634.07. Judicial actions

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, regulation, or provisions of law pursuant to this chapter; (2) To recover a response cost or natural resource damage, or for contribution; (3) To declare future liability for a response cost or damage; (4) For civil penalties not to exceed $25,000 for each day of noncompliance against any person who unreasonably fails to comply with an order of the Mayor, permit, or other applicable standards, requirement, regulation, or provision of law pursuant to this chapter; and (5) For an amount equal to 3 times the costs expended resulting from a failure to take proper action.  (June 13, 2001, D.C. Law 13-312, § 407; as added Apr. 8, 2011, D.C. Law 18-369, § 2(k), 58 DCR 996.)  Section References This section is referenced in § 8-634.09 and § 8-636.03. Emergency Legislation For temporary (90 day) addition, see § 2(k) of Brownfield Revitalization Emergency Amendment Act of 2010 (D.C. Act 18-667, December 28, 2010, 58 DCR 95).
DC Code § 8-634.08 (2021)
2021 District of Columbia Code|Title 8 - Environmental and Animal Control and Protection|Chapter 6A - Brownfield Revitalization|Subchapter IV - Hazardous Substance Response|§ 8-634.08. Settlement authority

(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 may withdraw or withhold consent to the proposed settlement if comments disclose facts or considerations that indicate that the proposed settlement is inappropriate, improper, or inadequate. The parties to the agreement, including the Mayor, may enforce the agreement in the Superior Court of the District of Columbia. (c) The agreement may include limited covenants not to sue for contamination addressed in compliance with the terms of the agreement and may provide that the person shall not be liable to another person for response costs relating to a contamination addressed in compliance with the terms of the agreement. (d) The Mayor may find a person eligible to participate in the voluntary cleanup program established under § 8-633.01 as part of an agreement.  (June 13, 2001, D.C. Law 13-312, § 408; as added Apr. 8, 2011, D.C. Law 18-369, § 2(k), 58 DCR 996.)  Emergency Legislation For temporary (90 day) addition, see § 2(k) of Brownfield Revitalization Emergency Amendment Act of 2010 (D.C. Act 18-667, December 28, 2010, 58 DCR 95).
DC Code § 8-634.09 (2021)
2021 District of Columbia Code|Title 8 - Environmental and Animal Control and Protection|Chapter 6A - Brownfield Revitalization|Subchapter IV - Hazardous Substance Response|§ 8-634.09. Contribution action

(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 factors as the court determines appropriate. (b) This section shall not diminish the right of a person to bring an action for contribution in the absence of a civil action under § 8-634.07. (c) A person who has resolved his, her, or its liability to the District in an administrative or judicially approved settlement, or has been issued a Certificate of Completion under § 8-633.06, shall not be liable for a claim for contribution regarding a matter addressed in the settlement or Certificate of Completion. The settlement or Certificate of Completion shall not discharge another responsible person unless its terms so provide, but it shall reduce liability of the others by the amount of the settlement.  (June 13, 2001, D.C. Law 13-312, § 409; as added Apr. 8, 2011, D.C. Law 18-369, § 2(k), 58 DCR 996.)  Section References This section is referenced in § 8-636.03. Emergency Legislation For temporary (90 day) addition, see § 2(k) of Brownfield Revitalization Emergency Amendment Act of 2010 (D.C. Act 18-667, December 28, 2010, 58 DCR 95).
DC Code § 8-634.10 (2021)
2021 District of Columbia Code|Title 8 - Environmental and Animal Control and Protection|Chapter 6A - Brownfield Revitalization|Subchapter IV - Hazardous Substance Response|§ 8-634.10. Statute of limitations

(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 another person to perform a duty brought under this section shall be commenced within 2 years after the date that the duty became nondiscretionary.  (June 13, 2001, D.C. Law 13-312, § 410; as added Apr. 8, 2011, D.C. Law 18-369, § 2(k), 58 DCR 996.)  Emergency Legislation For temporary (90 day) addition, see § 2(k) of Brownfield Revitalization Emergency Amendment Act of 2010 (D.C. Act 18-667, December 28, 2010, 58 DCR 95).
DC Code § 8-634.11 (2021)
2021 District of Columbia Code|Title 8 - Environmental and Animal Control and Protection|Chapter 6A - Brownfield Revitalization|Subchapter IV - Hazardous Substance Response|§ 8-634.11. Judicial review

(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 can demonstrate on the administrative record that the decision was arbitrary and capricious or otherwise not in accordance with District law. (b) If the court finds that the selection of the response action was arbitrary and capricious or otherwise not in accordance with District law, the court shall award only the response costs or damages that are consistent with the Hazardous Substances Response Plan and other relief as is consistent with the Hazardous Substances Response Plan. (c) In reviewing an alleged procedural error, the court may disallow the costs or damages only if the error was so serious and related to a matter of such central relevance to the action that the action would have been significantly changed had the error not been made. (d) The Mayor shall establish an administrative record upon which the Mayor shall base the selection of a non-emergency response action. The administrative record shall be available to the public, at a minimum, by scheduling an appointment to inspect the record during regular business hours at DDOE.  (June 13, 2001, D.C. Law 13-312, § 411; as added Apr. 8, 2011, D.C. Law 18-369, § 2(k), 58 DCR 996.)
DC Code § 8-636.01 (2021)
2021 District of Columbia Code|Title 8 - Environmental and Animal Control and Protection|Chapter 6A - Brownfield Revitalization|Subchapter VI - Public Notice, Involvement|§ 8-636.01. Public notice

(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 be considered by DDOE in acting upon an application, cleanup action plan, or the issuance of a Certificate of Completion. (b) The notice issued pursuant to subsection (a) of this section shall be published in the District of Columbia Register, and shall be mailed to the Advisory Neighborhood Commission in the neighborhood where the concerned property is located. The notice may also be published in a newspaper of general circulation.  (June 13, 2001, D.C. Law 13-312, § 601, 48 DCR 3804; Apr. 8, 2011, D.C. Law 18-369, § 2(a), 58 DCR 996.)  Section References This section is referenced in § 8-636.02. Effect of Amendments D.C. Law 18-369 substituted “DDOE” for “EHA” wherever it appeared. Emergency Legislation For temporary (90 day) amendment of section, see § 2(a) of Brownfield Revitalization Emergency Amendment Act of 2010 (D.C. Act 18-667, December 28, 2010, 58 DCR 95).
DC Code § 8-636.02 (2021)
2021 District of Columbia Code|Title 8 - Environmental and Animal Control and Protection|Chapter 6A - Brownfield Revitalization|Subchapter VI - Public Notice, Involvement|§ 8-636.02. Public involvement

(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 notices. (b)(1) This chapter shall not prevent a person from commencing an action to compel the Mayor to perform a non-discretionary duty under this chapter or to commence a civil action on his or her own behalf against a person who is in violation of an order of the Mayor, permit, or other applicable standard, requirement, regulation, or provision of law pursuant to this chapter. (2) An action shall not be commenced if the Mayor has commenced an action under this chapter or another law to require compliance with the standard, regulation, requirement, or order concerned. (3) An action commenced pursuant to this subsection shall require a 60-day notice to the Mayor and an alleged violator. (4) The court may award attorneys’ fees and other costs to the prevailing party on actions commenced pursuant to this subsection.  (June 13, 2001, D.C. Law 13-312, § 602, 48 DCR 3804; Apr. 8, 2011, D.C. Law 18-369, § 2(a), (l), 58 DCR 996.)  Section References This section is referenced in § 8-636.03. Effect of Amendments D.C. Law 18-369 substituted “DDOE” for “EHA” throughout the section; and rewrote subsec. (b), which had read as follows: “(b) Nothing in this chapter shall prevent any person from commencing an action to compel the Mayor to perform any non-discretionary duty under this chapter; or to commence a civil action on his or her own behalf against any person who is in violation of any standard, regulations, requirements, or orders pursuant to this chapter. An action commenced pursuant to this subsection shall require a 60-day notice to the Mayor and any alleged violator. The court may award attorney fees and other costs to the prevailing party on actions commenced pursuant to this subsection.” Emergency Legislation For temporary (90 day) amendment of section, see § 2(a), (l) of Brownfield Revitalization Emergency Amendment Act of 2010 (D.C. Act 18-667, December 28, 2010, 58 DCR 95). For temporary (90 day) addition of section, see § 2(m) of Brownfield Revitalization Emergency Amendment Act of 2010 (D.C. Act 18-667, December 28, 2010, 58 DCR 95).
DC Code § 8-636.03 (2021)
2021 District of Columbia Code|Title 8 - Environmental and Animal Control and Protection|Chapter 6A - Brownfield Revitalization|Subchapter VI - Public Notice, Involvement|§ 8-636.03. Timing of review

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 § 8-634.02; (3) An action pursuant to § 8-634.07(1), (2), (4), and (5); (4) An action for contribution pursuant to § 8-634.09; and (5) An action pursuant to § 8-636.02(b).  (June 13, 2001, D.C. Law 13-312, § 603; as added Apr. 8, 2011, D.C. Law 18-369, § 2(m), 58 DCR 996.)
DC Code § 8-637.01 (2021)
2021 District of Columbia Code|Title 8 - Environmental and Animal Control and Protection|Chapter 6A - Brownfield Revitalization|Subchapter VII - Cleanup Incentives|§ 8-637.01. Incentive authorized

(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 period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules, in whole or in part, by resolution within this 45-day review period, the proposed rules shall be deemed approved. (b) Nothing in this section shall affect any requirements imposed upon the Mayor pursuant to subchapter I of Chapter 5 of Title 2. (c) The aggregate of the credits given pursuant to this section may equal an amount up to 100% of costs for cleanup and shall not exceed 25% of costs for redevelopment of a contaminated property.  (June 13, 2001, D.C. Law 13-312, § 701, 48 DCR 3804.)
DC Code § 8-637.02 (2021)
2021 District of Columbia Code|Title 8 - Environmental and Animal Control and Protection|Chapter 6A - Brownfield Revitalization|Subchapter VII - Cleanup Incentives|§ 8-637.02. Requirements

(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 correct any condition that exists on the contaminated property in violation of the law. The application for the tax reduction or for deferral or forgiveness, shall contain the following: (1) A description of the real property; (2) The assessed value of the real property; (3) A statement of expected public benefits; (4) A certification by DDOE that the applicant is eligible for the voluntary cleanup program established by this chapter; and (5) A statement of public benefits which shall include the following: (A) A description of the proposed cleanup and redevelopment; (B) An estimate of the cost of the cleanup and redevelopment; and (C) An estimate of the benefits associated with the proposed cleanup and redevelopment of the contaminated property, including: (i) An estimate of the number of person who will be employed or whose employment shall be retained as a result of the cleanup and redevelopment; an estimate of the annual salaries of those employees; and the number of District resident employees; (ii) An estimate of the increase in the assessed value of the real property; and (iii) An estimate of the total increase in taxable activity in connection with the proposal. (b) The Mayor may grant a credit to any franchise tax liability imposed by subchapters VII or VIII of Chapter 18 of Title 47. The application for the credit shall: (1) Identify the incorporated or unincorporated business entity; (2) Estimate the annual dollar value of each franchise tax credit; and (3) State whether the business entity has entered into an employment agreement with the District pursuant to subchapter X of Chapter 2 of Title 2. (c) If the amount of the credits allowable pursuant to this section exceeds the taxes otherwise due, the amount of the credits not used as an offset against the taxes may be carried forward for up to 25 years. (d) The Mayor may impose limitations on the amount of total reductions that shall be allowed.  (June 13, 2001, D.C. Law 13-312, § 702, 48 DCR 3804; Oct. 26, 2001, D.C. Law 14-42, § 16, 48 DCR 7612; Apr. 8, 2011, D.C. Law 18-369, § 2(a), 58 DCR 996.)  Effect of Amendments D.C. Law 14-42, in subsec. (b), substituted “subchapters VII or VIII of Chapter 18” for “subchapters VII or VIII”. D.C. Law 18-369 substituted “DDOE” for “EHA” wherever it appeared. Emergency Legislation For temporary (90 day) amendment of section, see § 16 of Technical Amendments Emergency Act of 2001 (D.C. Act 14-108, August 3,