Liability of a non-responsible person

  1. Law
  2. District of Columbia Code
  3. Environmental and Animal Control and Protection
  4. Brownfield Revitalization
  5. Liabilities and Defenses
  6. Liability of a non-responsible person

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(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).


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