A person who receives and complies with the terms of an order issued under this chapter may petition the Mayor for the reimbursement of the reasonable costs of the action, plus interest, from the Clean Land Fund; provided, that: The required action has been completed to the satisfaction of the Mayor; and The petition is filed within 60 days of the issuance of a Certificate of Completion by the Mayor. To obtain reimbursement, the petitioner shall establish by a preponderance of the evidence that: The petitioner is not liable for response costs under § 8-632.01 , and that the costs are reasonable in light of the action required by the relevant order; or The Mayor’s decision in selecting the response action ordered was arbitrary and capricious or was otherwise not in accordance with the law. Reimbursement under this paragraph shall be limited to reasonable costs incurred under the portions of the order found to be arbitrary and capricious or otherwise not in accordance with the law. If the Mayor denies all or part of a petition made under this section, the petitioner may file an appeal in the Superior Court of the District of Columbia within 30 days of issuance of the Mayor’s decision.
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