District of Columbia Administrative Code

6100 TEMPORARY CLOSURE 6100.1 For purposes of this section, an UST shall be deemed temporarily closed when it is taken out of service for any reason and is not being used to receive or dispense product. 6100.2 When an UST is temporarily closed, the owner or operator of the UST sh…

6101 PERMANENT CLOSURE AND CHANGE-IN-SERVICE 6101.1 Each responsible party permanently closing an UST or changing the use of the UST to storage of a non-regulated substance (a change-in-service) shall comply with the requirements of this section. 6101.2 Not less than two (2) week…

6102 PREVIOUSLY CLOSED UST SYSTEMS 6102.1 If the Department determines that any release or suspected release from an UST system that was closed-in-place, removed, or temporarily closed poses a current or potential threat to human health and the environment, the Department may dir…

6103 CLOSURE RECORDS 6103.1 Each responsible party shall maintain records in accordance with § 5602 that demonstrate compliance with closure requirements of this chapter. 6103.2 The responsible party shall retain the results of a closure assessment required under § 6101.10 for at…

6200 OBLIGATIONS OF RESPONSIBLE PARTIES - RELEASES, SPILLS, AND OVERFILLS 6200.1 All responsible parties are subject to the requirements of this chapter. 6200.2 If the actions required by this chapter are not taken, the Department may undertake the corrective action and any respo…

6201 REPORTING AND CLEANUP OF SPILLS AND OVERFILLS 6201.1 A responsible party shall take immediate action to contain and clean up any spill or overfill of a regulated substance from an UST system. 6201.2 A responsible party shall immediately report any spill or overfill of a regu…

6202 REPORTING OF RELEASES OF REGULATED SUBSTANCES 6202.1 A responsible party who has reason to suspect a release from an UST shall notify the Department by telephone or e-mail as stated in § 6201.2 within twenty-four (24) hours. 6202.2 The following persons who know of, or have …

6203 SITE INVESTIGATION, CONFIRMATION OF RELEASE, INITIAL ABATEMENT, AND INITIAL SITE ASSESSMENT 6203.1 When a release, or leak into the interstitial area of a secondarily contained system, is suspected, a responsible party shall conduct tightness testing in accordance with §§ 59…

6204 REMOVAL OF FREE PRODUCT 6204.1 When an investigation indicates the presence of any free product, the responsible party shall remove measurable free product in accordance with this section until the Department determines that the free product has been removed to the maximum e…

6205 COMPREHENSIVE SITE ASSESSMENT 6205.1 Unless otherwise directed by the Department, the responsible party shall perform a comprehensive site assessment in the time and manner set forth in this section. 6205.2 Within sixty (60) days after Department approval of a work plan purs…

6206 RISK-BASED CORRECTIVE ACTION (RBCA) PROCESS 6206.1 Risk-based decision making and development of a risk-based corrective action (RBCA) plan shall be conducted in accordance with this section and the Department’s RBCA technical guidance, which is available on the Department’s…

6207 CORRECTIVE ACTION PLAN AND ITS IMPLEMENTATION 6207.1 After a release is confirmed, the Department may require the responsible party to develop and submit a corrective action plan (CAP) for remediating chemicals of concern in soil and groundwater. 6207.2 The responsible party…

6208 TIER 0 STANDARDS 6208.1 The Tier 0 standards for soil shall be the following: Total petroleum hydrocarbons (TPH), gasoline range organics (GRO), or diesel range organics (DRO) concentrations in soil shall be no greater than one hundred milligrams per kilogram (100 mg/kg); an…

6209 TIERS 1 AND 2 STANDARDS 6209.1 The Tier 1 and 2 standards for water, soil, soil vapor, and indoor air shall be the levels specified in the Department’s RBCA technical guidance, which is available on the Department’s website at HYPERLINK "https://doee.dc.gov/page/lust-forms-g…

6210 NO FURTHER ACTION AND CASE CLOSURE REQUIREMENTS 6210.1 A responsible party may request a no further action letter or a case closure letter by submitting a written request to the Department in accordance with § 5500.4. The responsible party or an authorized representative sha…

6211 PUBLIC PARTICIPATION IN CORRECTIVE ACTION 6211.1 For each release that requires a corrective action plan, the Department will provide a public notice designed to reach those members of the public directly affected by the release and the planned corrective action. 6211.2 Noti…

6212 VOLUNTARY REMEDIATION ACTION PROGRAM (VRAP) 6212.1 The Department may permit a person, other than a responsible party, to remediate leaking underground storage tank (LUST) sites in accordance with the UST Regulations, provided that the person: (a) Intends to develop the LUST…

6213 [REPEALED] SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulation…

6300 RIGHT OF ENTRY 6300.1 An inspector designated by the Department may, at any reasonable time and upon presentation of appropriate credentials to the owner, operator, or agent in charge, enter without delay any place where an UST is or was located or where a release is suspect…

6301 ENTRIES FOR INSPECTIONS AND MONITORING 6301.1 An inspector designated by the Department may: (a) Inspect any UST, UST system, or area that may be impacted by a release or suspected release from an UST or UST system; (b) Inspect and obtain samples of any regulated substance c…

6302 ENTRY FOR CORRECTIVE ACTION 6302.1 The Department may enter upon property to perform, or cause to be performed, release response and corrective actions that are necessary to protect human health or the environment, including in any of the following circumstances: (a) No resp…

6400 CORRECTIVE ACTION BY THE DISTRICT 6400.1 The Department may undertake corrective action to protect human health or the environment when any of the circumstances in §§ 6302.1(a) through (c) exist. The Department may take summary corrective action if a release of a regulated s…

6401 COST RECOVERY 6401.1 The Department may recover the District’s corrective action costs pursuant to the District of Columbia Underground Storage Tank Management Act of 1990, D.C. Official Code § 8-113.09(b); the District of Columbia Hazardous Waste Management Act of 1977, D.C…

6402 [REPEALED] SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulation…

6403 [REPEALED] SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulation…

6404 [REPEALED] SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulation…

6405 [REPEALED] SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulation…

6406 [REPEALED] SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulation…

6407 [REPEALED] SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulation…

6500 LICENSING AND CERTIFICATION OF UST SYSTEM INSTALLERS, REMOVERS, TESTERS, AND TECHNICIANS 6500.1 An individual who performs UST system activities in the District, which include installation, upgrade, repair, tightness testing, or permanent closure of any UST or UST system com…

6501 CERTIFICATION PROCEDURES 6501.1 The Department may certify an individual to perform the UST activities set forth in § 6500 in the District only if the individual: Submits a complete application and pays the initial application fee specified in § 5605; (b) Provides evidence o…

6502 OPERATOR DESIGNATION 6502.1 The owner of a regulated UST system in the District, except an UST system that has been permanently closed in accordance with Chapter 61, shall designate at least one Class A, one Class B, and one Class C operator for each UST facility. One operat…

6503 OPERATOR TRAINING AND TRAINING PROGRAM APPROVAL 6503.1 The owner of an UST system shall ensure that all operators have received the training required by this section. Class A and B operators shall complete retraining every five (5) years or as required by the Department in a…

6600 ENFORCEMENT AUTHORITY 6600.1 The Department may take one or more of the following administrative actions: (a) Issue an administrative civil fine, penalty, or fee under § 6600.5; (b) Issue a directive under § 6601; (c) Issue an administrative order under § 6602; and (d) Deny,…

6601 DIRECTIVE 6601.1 The Department may issue a directive requiring an owner, operator, or responsible party to: (a) Provide any information, record, documentation, report, plan, or form with respect to the UST system if necessary to determine compliance with the UST regulations…

6602 ADMINISTRATIVE ORDER 6602.1 If the Department believes or has reason to believe that there is a violation or threatened violation of the Act or the UST Regulations, the Department may issue a written notice of the violation or threatened violation to the owner, operator, or …

6603 SUSPENSION, REVOCATION, RESTRICTION, OR DENIAL OF A LICENSE OR CERTIFICATE 6603.1 In order to protect the public health, safety, and welfare, the Department may suspend, revoke, or refuse to issue, renew, or restore a license or certificate after giving written notice if the…

6604 APPEALS TO THE DEPARTMENT 6604.1 A person named in a directive, order, proposed order, action or proposed action of the Department under §§ 6210.7, 6601, 6602, or 6603 may appeal in accordance with this section. 6604.2 Before or in lieu of requesting a hearing under § 6605, …

6605 APPEALS TO THE OFFICE OF ADMINISTRATIVE HEARINGS 6605.1 A person adversely affected or aggrieved by a decision of the Director under § 6604 or named in a notice of infraction assessing a civil fine, penalty, or fee under § 6600.5 may appeal in accordance with this section. 6…

6606 [REPEALED] SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 56 DCR 6678 (August 21, 2009); as amended by Final Rulemaking published at…

6607 [REPEALED] SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulation…

6608 [REPEALED] SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 56 DCR 6678 (August 21, 2009); as amended by Final Rulemaking published at…

6609 [REPEALED] SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulation…

6610 [REPEALED] SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 56 DCR 6678 (August 21, 2009); as amended by Final Rulemaking published at…

6611 [REPEALED] SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020). District of Columbia Municipal Regulation…

APPENDIX 67-1 CERTIFICATION OF FINANCIAL RESPONSIBILITY [owner] hereby certifies that it is in compliance with the financial responsibility requirements of 20 DCMR Chapter 67. The financial assurance mechanism(s) used to demonstrate financial responsibility under 20 DCMR Chapter …

6700 PETROLEUM UST SYSTEMS 6700.1 The owner and operator of a petroleum UST shall demonstrate financial responsibility in accordance with the provisions of this chapter, except as otherwise provided in this section, for taking corrective action and compensating third parties for …

6701 FINANCIAL RESPONSIBILITY MECHANISMS 6701.1 Subject to the limitations of §§ 6701.2 and 6701.3, the owner of a petroleum UST may use any single mechanism or combination of mechanisms listed in §§ 6703 through 6710 to demonstrate financial responsibility under this chapter for…

6702 FINANCIAL RESPONSIBILITY RECORDS AND REPORTS 6702.1 Each owner shall maintain a copy of each financial assurance mechanism used to demonstrate financial responsibility under §§ 6703 through 6710 of this chapter for each UST until released from the requirements of this chapte…

6703 FINANCIAL TEST OF SELF-INSURANCE 6703.1 An owner or a guarantor may satisfy the requirements of § 6700 by passing either of the financial tests set forth in this section. 6703.2 To pass a financial test of self-insurance, the owner or guarantor shall meet either of the follo…