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2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 6 - Privies › § 8–603. Regulation of waste disposal systems

§ 8–603. Regulation of waste disposal systems.
The Council of the District of Columbia is hereby authorized and empowered to make, and the Mayor of the District of Columbia is hereby authorized and empowered to enforce, any such regulations as the Council deems necessary to regulate the design, construction, and maintenance of any system of disposal of human excreta, and the handling, storage, treatment, and disposal of human body wastes.
(Apr. 22, 1940, 54 Stat. 155, ch. 131, § 4.)
Prior Codifications
1981 Ed., § 6-603.
1973 Ed., § 6-703.
New Implementing Regulations
New implementing regulations: Pursuant to this section, the following new regulations were adopted in 1982: The “District of Columbia Solid Waste Disposal Fee Act of 1982” (D.C. Law 4-135, August 14, 1982, 29 DCR 2751).
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(143) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 6 - Privies › § 8–604. Penalties

§ 8–604. Penalties.
Any person who shall violate or aid or abet in violating any of the provisions of this chapter or of the regulations promulgated by the Council of the District of Columbia under this chapter shall be punished by a fine of not more than $50 or by imprisonment for not exceeding 15 days. Civil fines, penalties, and fees may be imposed as alternative sanctions for any infraction of the provisions of this chapter, or any rules or regulations issued under the authority of this chapter, pursuant to Chapter 18 of Title 2. Adjudication of any infraction of this chapter shall be pursuant to Chapter 18 of Title 2.
(Apr. 22, 1940, 54 Stat. 155, ch. 131, § 5; Oct. 5, 1985, D.C. Law 6-42, § 449, 32 DCR 4450.)
Prior Codifications
1981 Ed., § 6-604.
1973 Ed., § 6-704.
Change in Government
This section originated at a time when local government powers were delegated to a Board of Commissioners of the District of Columbia (see Acts Relating to the Establishment of the District of Columbia and its Various Forms of Governmental Organization in Volume 1). Section 402(143) of Reorganization Plan No. 3 of 1967 (see Reorganization Plans in Volume 1) transferred all of the functions of the Board of Commissioners under this section to the District of Columbia Council, subject to the right of the Commissioner as provided in § 406 of the Plan. The District of Columbia Self-Government and Governmental Reorganization Act, 87 Stat. 818, § 711 ( D.C. Code, § 1-207.11), abolished the District of Columbia Council and the Office of Commissioner of the District of Columbia. These branches of government were replaced by the Council of the District of Columbia and the Office of Mayor of the District of Columbia, respectively. Accordingly, and also pursuant to § 714(a) of such Act ( D.C. Code, § 1-207.14(a)), appropriate changes in terminology were made in this section.
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 6A - Brownfield Revitalization › Subchapter I - Purposes, Findings, Definitions › § 8–631.01. Findings and declaration of purpose

§ 8–631.01. Findings and declaration of purpose.
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 contaminated property;
(2) Develop effective and consistent cleanup standards and processes;
(3) Ensure public involvement in the cleanup and redevelopment of contaminated properties;
(4) Ensure that those responsible for the contamination of a property are held accountable;
(5) Promote economic development by encouraging the reuse of contaminated properties;
(6) Eliminate public health and environmental risks on properties;
(7) Ensure the cleanup of contaminated properties is coordinated with plans for redevelopment and the sustainable reuse of the properties;
(8) Provide for a comprehensive program to consistently and fairly assess the cleanup of contaminated properties; and
(9) Provide for regulatory and voluntary cleanup programs.
(June 13, 2001, D.C. Law 13-312, § 101, 48 DCR 3804.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 6A - Brownfield Revitalization › Subchapter II - Liabilities and Defenses › § 8–632.03. Liability of a non-responsible person

§ 8–632.03. Liability of a non-responsible person.
(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-responsible person is not liable for existing contamination at the eligible property.
(c) A non-responsible person shall be liable for new contamination that the person causes or contributes to, and any exacerbation of existing contamination at the eligible property.
(June 13, 2001, D.C. Law 13-312, § 203, 48 DCR 3804; Apr. 8, 2011, D.C. Law 18-369, § 2(a), 58 DCR 996.)
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).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 6A - Brownfield Revitalization › Subchapter III - Voluntary Cleanup Program › § 8–633.01. Establishment

§ 8–633.01. Establishment.
(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 known or perceived contamination;
(2) Determining the eligibility for voluntary cleanups and brownfield redevelopment incentives;
(3) Protecting the public health and the environment where cleanups are being performed or need to be performed;
(4) Determining cleanup standards;
(5) The oversight of cleanup activities; and
(6) Determining the finality of the cleanup of contaminated properties.
(b) Upon request, the DDOE may assist a person in identifying contaminated properties or brownfields in the District and the available options and programs for their cleanup and redevelopment. The Mayor may assist in or provide supervision for the development and the implementation of reasonable and necessary cleanup or remedial actions. This assistance may include the review of agency records, files, investigation plans, and proposed cleanup plans.
(June 13, 2001, D.C. Law 13-312, § 301, 48 DCR 3804; Apr. 8, 2011, D.C. Law 18-369, § 2(a), 58 DCR 996.)
Section References
This section is referenced in § 8-631.02 and § 8-634.08.
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).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 6A - Brownfield Revitalization › Subchapter III - Voluntary Cleanup Program › § 8–633.02. Eligibility and requirements

§ 8–633.02. Eligibility and requirements.
(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 environmental conditions of the property, including information on contamination known to the applicant at the time of the application;
(4) An environmental assessment of the property including, the nature and location of all hazardous substances known by the applicant to be present on the contaminated property;
(5) A descriptive summary of a proposed cleanup action plan that conforms to DDOE cleanup standards; and
(6) Verifiable information regarding the identity of the true and legal owners of the eligible property.
(b)(1) DDOE shall approve or deny the application within 90 business days of its receipt. A request by DDOE for additional information shall toll the 90-day review period. The review period shall resume upon the receipt of the additional information.
(2) DDOE shall provide written notice to the applicant which states the reasons for denial of an application and shall recommend any corrective actions and the period within which the applicant may resubmit the application. If within the 90-day review period, DDOE does not deny or approve an application, or request additional information from the applicant, the applicant, within 10 days of a request, shall be entitled to a meeting with a designated DDOE official to inquire about the status of the application.
(June 13, 2001, D.C. Law 13-312, § 302, 48 DCR 3804; Apr. 8, 2011, D.C. Law 18-369, § 2(a), (e), 58 DCR 996.)
Section References
This section is referenced in § 8-632.03.
Effect of Amendments
D.C. Law 18-369 substituted “DDOE” for “EHA” throughout the section; and repealed subsec. (a)(1), which formerly read:
“(1) Information which establishes to the satisfaction of EHA, the status of the applicant as a responsible person or a non-responsible person;”.
Emergency Legislation
For temporary (90 day) amendment of section, see § 2(a), (e) of Brownfield Revitalization Emergency Amendment Act of 2010 (D.C. Act 18-667, December 28, 2010, 58 DCR 95).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 6A - Brownfield Revitalization › Subchapter III - Voluntary Cleanup Program › § 8–633.04. Fees, bonds, and other security of the cleanup action plan

§ 8–633.04. Fees, bonds, and other security of the cleanup action plan.
(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 action plan is not implemented accordingly, shall be posted with DDOE before the participant may perform any cleanup action on the property. The obligation of the performance bond shall be void upon the issuance of a Certificate of Completion to the participant, or 16 months after the date of withdrawal if the participant withdraws from the Program. The obligation of the performance bond shall be due and payable upon notification by the DDOE that action must be taken to fulfill the withdrawal requirements of this chapter to stabilize the property.
(June 13, 2001, D.C. Law 13-312, § 304, 48 DCR 3804; Apr. 8, 2011, D.C. Law 18-369, § 2(a), (f), 58 DCR 996.)
Effect of Amendments
D.C. Law 18-369 substituted “DDOE” for “EHA” throughout the section; in the section heading, substituted “ ”security of the cleanup action plan“ for ”security“; and rewrote subsec. (a), which formerly read:
“(a) An applicant shall pay a $10,000 fee, upon submission of an application to participate in the Program.”
Emergency Legislation
For temporary (90 day) amendment of section, see § 2(a), (f) of Brownfield Revitalization Emergency Amendment Act of 2010 (D.C. Act 18-667, December 28, 2010, 58 DCR 95).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 6A - Brownfield Revitalization › Subchapter III - Voluntary Cleanup Program › § 8–633.05. Cleanup standards

§ 8–633.05. Cleanup standards.
(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 properties to protect public health, welfare, and the environment and shall include the following:
(1) General numerical or performance standards, which describe the concentrations of hazardous substances in groundwater, surface water and soils that will allow a property to be used for any purpose;
(2) The procedures that DDOE shall use to establish and approve site or property-specific standard based on the assessments of health and environmental risks at a property. The standards may rely on engineering or institutional controls protective of public health, welfare and the environment. DDOE may designate and publish the particular engineering controls it deems as protective of public health, welfare and the environment in specified circumstances; and may designate the circumstances as containing presumptive remedies, taking into account the type of hazardous substances on the contaminated property and the proposed use of the property. Applicants claiming presumptive remedies shall not be required to conduct a risk assessment prior to the approval of a cleanup action plan.
(b) Until the cleanup standards required by subsection (a) of this section are adopted, the following guidelines shall apply to voluntary cleanup actions:
(1) The maximum contaminant levels established pursuant to the federal Safe Drinking Water Act, approved December 16, 1974 (88 Stat. 1660; 42 U.S.C. § 300f et seq.) shall be the cleanup standard for groundwater;
(2) The cleanup standards established by DDOE based on the District’s environmental policy, law, or regulations in effect prior to June 13, 2001, shall apply to hazardous substances in any other media apart from groundwater; and
(3) For hazardous substances in any media apart from groundwater, for which interim cleaning standards cannot be determined pursuant to paragraphs (1) and (2) of this subsection, the cleanup standards established by the application of risk assessment regulations of the District’s leaking underground storage tank program shall apply.
(June 13, 2001, D.C. Law 13-312, § 305, 48 DCR 3804; Apr. 8, 2011, D.C. Law 18-369, § 2(a), 58 DCR 996.)
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).
2023 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

§ 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).
2023 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

§ 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).
2023 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

§ 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).
2023 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

§ 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).
2023 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

§ 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).
2023 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

§ 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).
2023 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

§ 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).
2023 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

§ 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).
2023 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

§ 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).
2023 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

§ 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.)
2023 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

§ 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).
2023 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

§ 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).
2023 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

§ 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.)
2023 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

§ 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.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 6A - Brownfield Revitalization › Subchapter VII - Cleanup Incentives › § 8–637.02. Requirements

§ 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,
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 6A - Brownfield Revitalization › Subchapter VII - Cleanup Incentives › § 8–637.03. Environmental Savings Account Program

§ 8–637.03. Environmental Savings Account Program.
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 deposited in an ESA and the interest earned on the funds shall be exempt from District income tax; provided, that any funds withdrawn that are not used for cleanup and redevelopment shall be subject to income tax and a 10% penalty.
(June 13, 2001, D.C. Law 13-312, § 703, 48 DCR 3804.)
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 6A - Brownfield Revitalization › Subchapter VII - Cleanup Incentives › § 8–637.04. Contaminated property cleanup assistance

§ 8–637.04. Contaminated property cleanup assistance.
(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 rate not to exceed 2%, shall be in an amount up to 75% of the costs incurred for completing an environmental assessment and cleaning and redeveloping a contaminated property.
(b) The following criteria shall be used to determine eligibility for financial assistance:
(1) The benefit of the remedy to public health, safety and the environment;
(2) The permanence of the remedy;
(3) The cost effectiveness of the remedy compared with other alternatives;
(4) The financial condition of the applicant;
(5) The economic distress of the area in which the site is located; and
(6) The potential for economic development.
(c) In addition to the criteria in subsection (b) of this section, loans may be made based on the ability to repay the loan from future revenue to be derived from the redeveloped site and may be secured by a mortgage or other collateral.
(d) Moneys received as repayment of loans shall be deposited in the Clean Land Fund.
(e) The Mayor shall provide an annual report to the Council by October 1 of each year on grants, loans, and expenditures made from the Clean Land Fund, the revenue received by the fund, and on the effectiveness of the fund in redeveloping contaminated property sites.
(June 13, 2001, D.C. Law 13-312, § 704, 48 DCR 3804.)
Section References
This section is referenced in § 8-633.08.
Emergency Legislation
For temporary (90 day) addition of section 8-637.11, see § 2 of Brownfield Revitalization Emergency Amendment Act of 2001 (D.C. Act 14-39, April 18, 2001, 48 DCR 3837).
Temporary Legislation
For temporary (225 day) addition of section 8-637.11, see § 2 of Brownfield Revitalization Temporary Amendment Act of 2001 (D.C. Law 14-16, July 10, 2001, law notification 48 DCR 6592).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 6A - Brownfield Revitalization › Subchapter VIII - Rules, Fiscal Impact, Effective Date › § 8–638.01. Rules

§ 8–638.01. Rules.
(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 provisions relevant to this chapter.
(b) The Mayor shall have the authority to enter into cooperative agreements, cost-sharing and other agreements for which states are eligible under the Federal Act and other statutes in order to further the purposes of this chapter.
(June 13, 2001, D.C. Law 13-312, § 801, 48 DCR 3804; Apr. 8, 2011, D.C. Law 18-369, § 2(n), 58 DCR 996.)
Effect of Amendments
D.C. Law 18-369 rewrote subsec. (a), which had read as follows: “(a) The Mayor shall promulgate rules to implement the provisions of this chapter.”
Emergency Legislation
For temporary (90 day) amendment of section, see § 2(n) of Brownfield Revitalization Emergency Amendment Act of 2010 (D.C. Act 18-667, December 28, 2010, 58 DCR 95).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 6B - Urban Forest Preservation › § 8–651.01. Findings

§ 8–651.01. Findings.
(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 energy use;
(2) Better air quality and reduced water pollution; and
(3) Quieter and more beautiful neighborhoods.
(c) The trees comprising the urban forest have significant aesthetic value, which enhances property values and the quality of life in neighborhoods throughout the District.
(June 12, 2003, D.C. Law 14-309, § 101, 50 DCR 888.)
Delegation of Authority
Delegation of Authority to the Urban Forest Preservation Act of 2002 and the Department of Consumer and Regulatory Affairs Civil Infractions Act of 1985, see Mayor’s Order 2003-173, December 1, 2003 ( 50 DCR 10619).
2023 District of Columbia Code › Title 8 - Environmental and Animal Control and Protection › Chapter 6B - Urban Forest Preservation › § 8–651.03. Urban Forest Preservation Program

§ 8–651.03. Urban Forest Preservation Program.
(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 this program and the protection of trees.
(2) The regulations shall allow public utility companies regulated by the Public Service Commission to conduct utility construction, line maintenance, and emergency work within the District’s rights-of-way without a Special Tree removal permit otherwise required by this chapter.
(b) Repealed.
(c) The Mayor shall be responsible for preparing and annually updating a 5-year urban forest report and master plan.
(June 12, 2003, D.C. Law 14-309, § 103, 50 DCR 888; Aug. 16, 2022, D.C. Law 24-152, § 2(b), 69 DCR 007730.)
Section References
This section is referenced in § 8-651.05.
Emergency Legislation
For temporary (90 days) amendment of this section, see § 2(b) of Urban Forest Preservation Stop Work Order Authority Congressional Review Emergency Amendment Act of 2022 (D.C. Act 24-452, June 28, 2022, 69 DCR 007762).
Temporary Legislation
For temporary (225 days) amendment of this section, see § 2(b) of Urban Forest Preservation Stop Work Order Authority Temporary Amendment Act of 2022 (D.C. Law 24-133, June 30, 2022, 69 DCR 004408).
Resolutions
Resolution 18-140, the “Urban Forest Preservation Regulations Approval Resolution of 2009”, was approved effective June 2, 2009.