District Of Columbia § 8-632.02 - Defenses.
Full text of District Of Columbia D.C. Code § 8-632.02 — Defenses., with citation guidance and answers to common questions.
§ 8-632.02. Defenses.
8-632.02A person shall not be liable pursuant to if the person establishes, by a preponderance of the evidence, that the release or contamination was caused by any of the following:
An act of God;
An act of war;
The migration, flow, or movement of hazardous substances from property owned by a person unrelated to the person asserting the defense;
An act or omission of an unrelated third party, if reasonable precautions were taken to prevent foreseeable releases;
An act or omission of a third party if the act or omission was reasonably outside the scope of a prior or an existing contractual relationship and the person asserting the defense could not have reasonably foreseen or prevented the act or omission; or
An act or omission that occurred prior to the acquisition of the property if due diligence had been exercised in investigating the possible existence of a release or contamination, except that due diligence shall not be required if the property was acquired by inheritance or bequest, through a foreclosure for tax delinquency, or by condemnation for blight or other threats to public health, safety, and welfare.
Notwithstanding , a bona fide prospective purchaser whose potential liability for a release or threatened release is based solely on the purchaser being considered to be an owner or operator of a facility shall not be liable as long as the bona fide prospective purchaser does not impede the performance of a response action or natural resource restoration.
If there are unrecovered response costs incurred by the District at a facility for which an owner of the facility is not liable by reason of paragraph (1) of this subsection, and if each of the conditions described in paragraph (3) of this subsection is met, the District shall have a lien on the facility, or may by agreement with the owner, obtain from the owner a lien on any other property or other assurance of payment satisfactory to the Mayor, for the unrecovered response costs.
The conditions referred to in paragraph (2) of this subsection are the following:
A response action for which there are unrecovered costs of the District is carried out at the facility; and
The response action increases the fair market value of the facility above the fair market value of the facility that existed before the response action was initiated.
A lien under paragraph (2) of this subsection shall:
Be in an amount not to exceed the increase in fair market value of the property attributable to the response action at the time of a sale or other disposition of the property;
Arise at the time at which costs are first incurred by the District with respect to a response action at the facility;
Be subject to the requirements of subsection (1)(3) [sic] of this section; and
Continue until satisfaction of the lien by sale or other means.
Annotations
Source: official District Of Columbia text · Last verified 2026-08-27
Frequently Asked Questions About District Of Columbia § 8-632.02
What does D.C. Code § 8-632.02 cover?
Section 8-632.02 ("Defenses.") is part of the D.C. Code, the codified statutory law of District Of Columbia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite District Of Columbia § 8-632.02?
A common citation format is "D.C. Code § 8-632.02" (District Of Columbia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of District Of Columbia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the District Of Columbia official source linked on this page or consult a licensed District Of Columbia attorney.
How does District Of Columbia § 8-632.02 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in District Of Columbia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in District Of Columbia.