(a) The participant shall submit a cleanup action plan to DDOE, after the approval of an application to participate in the Program. The cleanup action plan shall be in accordance with DDOE cleanup standards and shall be approved or disapproved within 90 business days after its submission. Within that period DDOE shall consider any public comments received pursuant to this chapter and shall notify the participant of its determination.

(b) If the cleanup action is disapproved, DDOE shall include in the notice, the modifications in the cleanup action plan which are necessary to receive an approval. The participant may submit a revised or amended plan within 30 business days after the receipt of the letter of rejection, otherwise the plan shall be considered withdrawn pursuant to § 8-633.07. DDOE shall notify the participant whether the cleanup action plan has been approved, within 30 business days after the receipt of the resubmitted plan.

(c) The approval of a cleanup action plan shall mean that the program participant has granted DDOE an express right to access the eligible property for the purposes of inspecting and verifying the implementation of the cleanup action plan, once that plan has been approved.

(d) The approval of a cleanup action plan shall not:

(1) Prevent the District from taking action against any person to prevent or abate an imminent or substantial endangerment to the public or the environment at the eligible property;

(2) Remain in effect if the response action plan approval letter has been obtained by fraud or a material misrepresentation;

(3) Affect the District’s authority to take action against a responsible person concerning new contamination or the exacerbation of existing contamination at the eligible property after a cleanup action plan has been approved;

(4) Affect the District’s authority to take action against a responsible person concerning previously undiscovered contamination at an eligible property after a cleanup action plan has been approved;

(5) Prevent the District from taking action against any person who is responsible for long-term monitoring and maintenance as provided in the cleanup action plan; or

(6) Prevent the District from taking action against any person who does not comply with conditions on the permissible use of the eligible property contained in the cleanup action plan approval letter.

(e) If a participant fails to meet the schedule for implementation and completion of the cleanup action plan, DDOE may:

(1) Reach an agreement with the participant to revise the schedule of completion in the cleanup action plan; or

(2) Withdraw the approval of the cleanup action plan pursuant to § 8-633.07, if an agreement cannot be reached.

(June 13, 2001, D.C. Law 13-312, § 303, 48 DCR 3804; Apr. 8, 2011, D.C. Law 18-369, § 2(a), 58 DCR 996.)

This section is referenced in § 8-671.01.

D.C. Law 18-369 substituted “DDOE” for “EHA” wherever it appeared.

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).