District of Columbia Code Division I. Government of District. § 8-635.01. Institutional control.
Current as of January 01, 2020 | Updated by FindLaw Staff
Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
(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 laws.
(b) DDOE is authorized to issue and execute instruments pertaining to properties cleaned up pursuant to this chapter and properties adversely affected by residual hazardous substances from the cleaned-up properties. When necessary, DDOE shall request other District agencies to issue and execute instruments pertaining to properties cleaned up pursuant to this chapter or other pertinent instruments. The instruments shall include:
(1) Notice of residual risk, which shall describe residual hazardous substances and their location on a property and any engineering or institutional controls that are in place at the facility;
(2) Residual risk restriction, which may apply to the use of the property or to the use of specific resources on the property to the extent that the restriction will provide flexibility in use but must be consistent with the objectives of this chapter;
(3) Hazardous substance easement, which may grant DDOE access to the property for the purposes of monitoring the levels of hazardous substances and the maintenance and functioning of engineering or institutional controls;
(3A) Environmental covenant signed by the DDOE in accordance with Chapter 6C of this title; and
(4) Other orders that run with the land if any other instruments authorized pursuant to this section is found to be insufficient in implementing the objectives of this chapter.
(c) The Recorder of Deeds shall record any instruments issued pursuant to this section, with the deed to a concerned property.
(d) Any instruments issued pursuant to this section shall run with the land and may not be declared unenforceable under any circumstances, including lack of property interest, lack of privity of estate or contract, lack of benefit to a particular property, or any rule against restraints on transfer of property. DDOE may execute, modify, or terminate environmental covenants entered into pursuant to this section in accordance with Chapter 6C of this title. DDOE may modify, rescind, or extinguish any other instrument issued pursuant to this section for good cause consistent with the objectives of this chapter; provided, that the public is notified and given the opportunity to comment on the proposed action.
Cite this article: FindLaw.com - District of Columbia Code Division I. Government of District. § 8-635.01. Institutional control. - last updated January 01, 2020 | https://codes.findlaw.com/dc/division-i-government-of-district/dc-code-sect-8-635-01.html
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
Was this helpful?