{"data":{"id":"us-dc/d.c.-code-8-634.01","jurisdiction":"us-dc","citation":"D.C. Code § 8-634.01","heading":"Response and order authority.","body":"(a)\nUpon receipt of information of a threatened or actual release of a hazardous substance, the Mayor may:\n(1)\nTake response action not inconsistent with the Hazardous Substances Response Plan that the Mayor considers necessary to protect the public health or welfare or the environment;\n(2)\nIssue an administrative order to perform a response action that is not inconsistent with the Hazardous Substances Response Plan;\n(3)\nTake action necessary to protect the public health or welfare or the environment from an imminent and substantial threat;\n(4)\nSecure such relief as may be necessary to abate such danger or threat, and the Superior Court of the District of Columbia may grant such relief as the public interest and the equities of the case may require;\n(5)\nIssue an emergency executive order pursuant to Chapter 23 of Title 7 [§ 7-2301 et seq.], as may be necessary to protect the public health or welfare or the environment; and\n(6)\nIssue an administrative order to enforce other provisions of this chapter.\n\n(b)\nThis chapter shall not prevent or impede an immediate response by the Mayor to a contamination or threat of contamination that presents imminent and substantial danger to the public.\n\n(c)\nA federal, state, local, or District permit shall not be required for the portion of a response action conducted entirely onsite, if the response action is selected and carried out in compliance with this section.\n\n(d)\nAny response action taken, ordered, or otherwise agreed to by the Mayor shall:\n(1)\nBe protective of public health and welfare and the environment; and\n(2)\nAttain a level of cleanup or control that attains legally applicable or relevant and appropriate standards, requirements, criteria, or limitations.\n\n(e)\nResponse actions in which treatment permanently and significantly reduces the volume, toxicity, or mobility of hazardous substances shall be preferred over response actions not involving such treatment.\n\n(f)\nThe Mayor may select a remedial action meeting the requirements of subsection (d) of this section that does not attain a level or standard of control at least the level or equivalent to a legally applicable or relevant and appropriate standard requirement if:\n(1)\nThe response action selected is only part of a total response action that will attain the level or standard when complete;\n(2)\nCompliance with the requirement will result in greater risk to human health and the environment than alternative options;\n(3)\nCompliance with the requirement is technically impracticable from an engineering perspective; or\n(4)\nThe response action selected will attain a standard of performance that is equivalent to that required under the otherwise applicable standard, requirement, or limitation, through use of another method or approach.","path":["Title 8. Environmental and Animal Control and Protection.","Chapter 6A. Brownfield Revitalization.","Subchapter IV. Hazardous Substance Response."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/8-634.01","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"406d049dc89b7db7644372009362d8ca37abfec87b96d223a489776d39f003b2","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-8-633.08","next":"us-dc/d.c.-code-8-634.02"},"notice":"GroundRules: Original legal text. Not legal advice."}
