MurietBOWSER
Mayor
March20,2023
TheHonorablePhilMendelson
Chairman
CounciloftheDistrictofColumbia
JohnA.WilsonBuilding
1350PennsylvaniaAvenue,NW,Suite504
Washington,DC20004
DearChairmanMendelson:
EnclosedforconsiderationandapprovalbytheCounciloftheDistrictofColumbiaisthe
proposedresolutionentitledthe“UndergroundStorageTanksInfractionsScheduleofFines
EmergencyApprovalResolutionof2023”andanaccompanyingemergencydeclaration
resolution.
Theproposedresolutionswouldapproveaproposedfinalrulemakingthatwouldestablish
ascheduleoffinesforviolationsofrulesrelatedtoundergroundstoragetanksinTitle16
(Consumers,CommercialPractices,andInfractions),Chapter40(DDOEInfractions)ofthe
DistrictofColumbiaMunicipalRegulationstoensurethatthemaintenanceofunderground
storagetanksisundertakeninamannerthatprotectspublichealthandsafetyandthe
environment.
LurgetheCounciltotakepromptandfavorableactionontheenclosedlegislation.
Sincfely,
MurélBower 21
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ChairmanPhilMendelson
attherequestoftheMayor
APROPOSEDRESOLUTION
INTHECOUNCILOFTHEDISTRICTOFCOLUMBIA.
Toapprove,onanemergencybasis,theproposedfinalrulestoestablishascheduleofcivil
infractionsforviolationsoftheUndergroundStorageTankManagementActof1990.
RESOLVED,BYTHECOUNCILOFTHEDISTRICTOFCOLUMBIA,Thatthis
resolutionmaybecitedasthe“UndergroundStorageTanksInfractionsScheduleofFines
EmergencyApprovalResolutionof2023”.
Sec.2,Pursuanttosection104(a)(1)oftheDepartmentofConsumerandRegulatory
AffairsCivilInfractionsActof1985,effectiveOctober5,1985(D.C.Law6-42;D.C.Official
Code§2-1801.04(a)(1)),theCouncilapprovestheproposedrulemakingadoptedbythe
DepartmentofEnergyandtheEnvironment,whichwaspublishedintheD.C.Registeron
December4,2020,at67DCR14224,andthefinalrulemakingadoptedbytheDepartmentof
EnergyandtheEnvironment,whichwaspublishedintheD.C.RegisteronOctober29,2021at
68DCR11423,toestablishascheduleofcivilinfractionsforviolationsoftheDistrictof
ColumbiaUndergroundStorageTankManagementActof1990,effectiveMarch8,1991
(D.C.Law8-242;D.C.OfficialCode§8-113.01etseq.).
Sec.3.Transmittal.
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TheSecretarytotheCouncilshalltransmitacopyofthisresolution,uponitsadoption,to
theMayor,theDirectoroftheDepartmentofEnergyandEnvironment,andtheAdministratorof
theOfficeofDocumentsandAdministrativeIssuances.
Sec.4.Fiscalimpactstatement.
TheCounciladoptsthefiscalimpactstatementoftheChiefFinancialOfficerasthefiscal
impactstatementrequiredbysection4aoftheGeneralLegislativeProceduresActof1975,
approvedOctober16,2006(120Stat.2038;D.C.OfficialCode§1-301.47a).
Sec.5.Effectivedate.
Thisresolutionshalltakeeffectimmediately. 2
GOVERNMENT OF THE DISTRICT OF COLUMBIA
O
FFICE OF THE ATTORNEY GENERAL
BRIAN L. SCHWALB PRIVILEGED AND CONFIDENTIAL ATTORNEY GENERAL ATTORNEY-CLIENT COMMUNICATION
LEGAL COUNSEL DIVISION
MEMORANDUM
TO: Tommy Wells
Director
Office of Policy and Legislative Affairs
FROM: Megan D. Browder
Deputy Attorney General
Legal Counsel Division
DATE: March 13, 2023
SUBJECT: Legal Sufficiency Review – Draft “ Underground Storage Tanks Infractions Schedule
of Fines Approval Emergency Resolution of 2023” and Accompanying Emergency
Declaration Resolution
(AE-19-754 C)
_____________________________________________________________________________________
This is to Certify that this Office has reviewed the above- referenced draft
legislation and found it to be legally sufficient. If you have any questions in this regard, please do
not hesitate to call me at (202) 724- 5524.
_________________________________
Megan D. Browder
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DEPARTMENT OF ENERGY AND ENVIRONMENT
NOTICE OF FINAL RULEMAKING
Underground Storage Tank Infractions
The Director of the Department of Energy and Environment (“DOEE”), pursuant to the authority
set forth in Section 107 of the District Department of the Environment Establishment Act of
2005, effective February 15, 2006 (D.C. Law 16- 51; D.C. Official Code § 8-151.07); the District
of Columbia Underground Storage Tank Management Act of 1990, effective March 8, 1991
(D.C. Law 8-242; D.C. Official Code § 8-113.01 et seq.) (“UST Act”); Sections 11 and 21 of the
Water Pollution Control Act of 1984, effective March 16, 1985 (D.C. Law 5- 188; D.C. Official
Code §§ 8- 103.10 & 8-103.20); the Department of Consumer and Regulatory Affairs Civil
Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6- 42; D.C. Official Code §§ 2-
1801.01 et seq.); and Mayor’s Order 2006- 61, dated June 14, 2006, hereby gives notice of the
adoption of the following amendments to Section 4008 of Chapter 40 (Department of the
Environment (DDOE) Infractions) of Title 16 (Consumers, Commercial Practices, and Civil
Infraction) of the District of Columbia Municipal Regulations (“ DCMR”).
Section 10(g) of the U ST Act (D.C. Official Code § 8-113.09(g)) authorizes DOEE to impose a
civil fine as an alternative sanction for any violation of the UST Act or the underground storage
tank regulations published at 20 DCMR Chapters 55- 67 and 70 (“UST regulations”). Civil fine
amounts are determined in accordance with the schedule of fines in 16 DCMR Chapter 32, which
establishes classes of infractions and associated fine amounts. The class of infraction for each
violation of a DOEE regulation is established in 16 DCMR Chapter 40. 16 DCMR § 4008
establishes the class of infraction for each violation of the UST Act and UST regulations.
On February 21, 2020, DOEE published a Notice of Final Rulemaking in the D.C. Register , at 67
DCR 1778, amending the UST regulations. The amendment s incorporated new requirements of
the 2015 amendments to the federal underground storage tank regulations at 40 CF R Part 280, as
well as updates to other District requirements. This rulemaking amends 16 DCMR § 4008 to
make the underground storage tank infractions consist ent with the amendments to the UST
regulations.
A Notice of Proposed Rulemaking was published in the D.C. Regi ster on December 4, 2020, at
67 DCR 14224 to update the schedule of fines in light of the amendment to the UST regulations.
DOEE received no comments on the proposed rule during the thirty (30) day comment perio d.
DOEE is now finalizing the rules with the following technical corrections:
• Typographical and grammatical e rrors were corrected in subsections:
4008.3(c) (clarified that the responsible party must in vestigate a suspected release
and confirm whether a release has occurred within seven days) ;
4008
(w) (replaced “QA/QZ Plan” with “quality assurance and quality control
plan”);
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4008.3(z) (added “and” to “beginning implementation of Corrective Action Plan
prior to approval ‘and’ without meeting specified requirements for doing so”);
4008.4(a) (deleted “30” and replaced with “60”);
4008.6(a) (deleted “BOCA National” and replaced with “ District of Columbia”
and added “The District of C olumbia Municipal Regulations”)
4008.7(f) (revised “or” to “and” in “failure to replace metal piping that is in
contact with earthen materials that does not meet the requirements of 20 DCMR
§§ 5802.1 ‘and’ 5802.2, with new piping that satisfies the requirements of 20
DCMR § 5704”);
4008.8(v), (x), 4008.9(f) , 4008.9(y ), 4008.10(t), (x), 4008.11(c) , (i), (k), (l)
(replaced “30 days” with “thirty (30) days”);
4008.9(b) (revised sentence structure for consistency with other provisions (added
“failure to”));
4008.9(c) (replaced “failure to conduct an annual test” with “failure to annually
test,” added “automatic line” detector, and replaced “requirements” with
“instructions”);
4008.9(i) (clarified that this provision applies when there is a suspected release);
4008.9(n) (replaced “90 days” with “ninety (90) days”);
4008.9(o) ( replaced “7 days” with “within seven (7) days”);
4008.9(z) (deleted “abandoned” and added “ closed-in-place,” replaced
“permanently” closed with “temporarily” closed);
4008.10(g) (replaced “20 days” with “twenty (20) days” and replaced “Director”
with “Department”);
4008.
(s) (replaced “of designated” with “to ensure that all” and added “ receive
required training and retraining”);
4008.13(u) (replaced “reduced in eff ectiveness” with “less effective”);
4008.14(z) (deleted “begin procedures to,” deleted “at the end of 12 months ,”
replaced “ is” with “has been,” and added “for twelve (12) months”);
4008.15(h) (replaced “at end of one year of implementation” with “at the end of
each year of implementation”); and
4008.16(b) (revised “and” to “or” in “failure to timely notify owner by certified
mail if guarantor no longer meets the requirements of the financial test of §§ 6704
or 6705 ‘or’ 6703.3”).
Citations were added or corr ected in subsections 4008.3(d) (added references to 20
DCMR §§ 5902.7 and 6004.8), 4008.3(e) ( replaced reference to 20 DCMR §§ 6203.9
through 6212 with “ Chapter 62”), and 4008.3(x) (added reference to 29 CFR §
1910.120).
In updating the schedule of fines, the class es of infraction for requirements in regulations that
were not amended by the February 2020 final rulemaking on the UST regulations have not been
altered, except that a violation of 20 DCMR § 6101.9 for failure to properly empty, clean, and
fill a tank with inert material for closure-in-place has been reclassi fied as a Class 2 infraction to
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be consistent with other similar requirements to properly empty and clean a tank prior to a
change-in-service or closure.
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n accordance with section 104(a)(1) of the D epartment of Consumer and Regulatory Affa irs
Civil Infractions Act of 1985, effective October 5, 1985 (D.C. Law 6-42; D.C. Official Code § 2-
1801.04(a)(1)), the Mayor transmitted the proposed final rules to the Council for its re view and
approval on December --, 2022, pursuant to the Underground Storage Tanks Infractions
Schedule of Fines Emergency Approval Resolution of 2022 (Prop. Res. 24-XXX).
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The
proposed final rules were approved by the Council on December --, 2022.
T
he Director of DOEE took final action to adopt this rulemaking on December --, 2022, and the
rules shall become effective upon publication of this notice in the D.C. Register.
Chapter 40, DEPARTMENT OF THE ENVIRONMENT (DDO E) INFRACTIONS, of
Title 16 DCMR, CONSUM ERS, COMMERICIAL PRACTICES, AND CIVIL
INFRACTIONS, is amended as follow s:
Section 4008, UNDERGROUND STORAGE TANK IN FRACTIONS, is amended to read
as follows:
4008 UNDERGROUND STORAGE TANK INFRACTIONS
4008.1 In addition to §§ 4008.2, 4008.3, and 4008.4, viola tion of any of the following
provisions shall be a Class 1 infraction:
(a) D.C. Official Code § 8-113.09(c ) (continuing work stopped by a
Department order);
(b) 20 DCMR § 5502.2 (installing an underground storage tank (UST) system
listed in 20 DCMR § 5502.1(a), (b), or ( c) that fails to meet specified
requirements);
(c) 20 DCMR § 5507.3 (installing an UST sy stem with field-constructed
tanks or airport hydrant system that fails to comply with the regulations);
(d) 20 DCMR § 5507.7 (failure to upgrade an UST system with field-
constructed tanks or airport hydrant system in accordance with specified
requirements);
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16 DCMR § 4008.13 provides that a violation of 20 DCMR § 6101.8 (failure to empty, clean, and fill tank with an
inert solid mat erial and comply with 20 DCMR §§ 5600.14 and 6101 when a tank removal variance is granted) shall
be a Class 3 violation. The proposed amendments to the UST regulations would move this requirement to 20
DCMR § 6101.9.
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On October 29, 2021, a Notice of Final Rulemaking was inadvertentl y published in the D.C. Register, at 68 DCR
11423, prior to D.C. Council approval. That Notice of Final Rulemaking was rescinded by a Notice of Rescission of
Final Rulemaking published in the D.C. Register on September 16, 2022, at 69 DCR 11279.
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(e) 20 DCMR § 5601.9 (depositing or dispensing regulated substance into a
UST for which registration has been denied);
(f) 20 DCMR § 5602.1 (failure to submit specified information and
documentation as required);
(g) 20 DCMR § 5700.1 (failure of petroleum U ST system to meet specified
performance standards or requirements for upgrade);
(h) 20 DCMR § 5700.2 (failu re of hazardous substance UST system insta lled
after November 12, 1993 to meet performance st andards set forth in 20
DCMR § 5702);
(i) 20 DCMR § 5700.8 (failure of metal tanks and attached metal piping
conveying regulated substances to be designed, constructed, and installed
in a manner that will prevent corrosion);
(j) 20 DCMR § 5701.1 (failure of petroleum UST to meet specified
construction and material requi rements);
(k) 20 DCMR § 5701.2 (failure of petroleum steel tank to be cathodically
protected as specified);
(l) 20 DCMR § 5701.8 (failure of motor fuel dispenser sys tem to contain
under-dispenser containment as specified);
(m) 20 DCMR § 5702.1 (failure of hazardous substance UST to meet specified
construction and material requirements);
(n) 20 DCMR § 5702.2 (failure of haz ardous substance steel tank to b e
cathodically protected as specified);
(o) 20 DCMR § 5703.1 (failure of heating oil UST to meet specified
construction and m aterial requirements);
(p) 20 DCMR § 5703.2 (failure of heating oil steel tank to be cathodically
protected as specified);
(q) 20 DCMR § 5704.2 (failure of UST system piping to meet specified
construction and material requirements);
(r) 20 DCMR § 5704.3 (failu re of steel UST piping to be cathodically
protected as specified);
(s) 20 DCMR § 5705.1 (failure to use sp ill prevention equipment);
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(t) 20 DCMR § 5705.2 (failure to ensure that a new or upgraded UST system
has sufficient volume to contain all regulated substances and that transfer
is continuously monitored in accordance with 20 DCMR § 5900.3);
(u) 20 DCMR § 5800.1 (fa ilure of petroleum UST system to comply with
specified upgrade requirements, performance standards, pe rmanent closure
requirements, or corrective action requirements);
(v) 20 DCMR § 5800.2 (failure to ensure that all components connected to an
existing petroleum UST system are operating and that all inoperative
components are removed);
(w) 20 DCMR § 5800.3 (depositing a regulated substance into a petroleum
UST that has not met upgrade requirements in 20 DCMR § 5800.1);
(x) 20 DCMR § 5800.4 (failure of hazardous substance UST system to
comply with specifi ed performance standards, permanent closure
requirements, or co rrective action requirements);
(y) 20 DCMR § 5803.1 (failure to comply with UST system spill and overfill
prevention equipment requirements, in accordance with 20 DCMR §
5705); or
(z) 20 DCMR § 5900.10 (failure to report, investigate, or clean up spi lls or
overfills, in accordance with 20 DCMR Chapter 62).
4008.2 In addition to §§ 4008.1, 4008.3, and 4008.4, violation of any of the following
provisions shall be a Class 1 infraction:
(a) 20 DCMR § 6000.1 (failure to provide release detection method(s) that
meet the requirements of 20 DCMR § 6000);
(b) 20 DCMR § 6000.3 (failure to comply with release detection requirements
for all pressurized piping, in accordance with 20 DCMR § 6004) ;
(c) 20 DCMR § 6000.5 (rel ease detection system incapable of detecting a
release from all portions of the tank and connected underground piping);
(d) 20 DCMR § 6000.7 (failure of release detection method to meet applicable
performance requirements of 20 DCMR §§ 6004 through 6013);
(e) 20 DCMR § 6000.9 (failure of release detection metho d to be capable of
detecting leak rate or quantity with specifi ed probability of detection);
(
f) 20 DCMR § 6000.11 (failure to repair or replace leak detection system
within 45 days in accordance with 20 DCMR Chapter 60);
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(g) 20 DCMR § 6000.13 (failure to notify Department of suspected release, in
accordance with 20 DCMR Ch apter 62);
(h) 20 DCMR § 6002.1 (failure to provide release detection for a hazardous
substance UST system that meets the requirements of 20 DCMR § 6002);
(i) 20 DCMR § 6002.2 (failure of hazardous substance UST system to use
secondary containment with interstitial monitoring in accord with 20
DCMR § 6011);
(j) 20 DCMR § 6003.1 (failure to provide release detection for a petroleum
UST system, in accordanc e with 20 DCMR § 6003);
(k) 20 DCMR § 6003.2 (failure of release detection methods to meet
requirements of 20 DCMR §§ 6005 th rough 6012);
(l) 20 DCMR § 6004.2 (failure of release detection method for petrole um
UST system piping to meet the requirements of 20 DCMR § 6004);
(m) 20 DCMR § 6004.3 (failure of petroleu m UST piping that conveys
regulated substances under pressure to be equipped with an automatic line
leak detector);
(n) 20 DCMR § 6100.7 (failure to comply with the release detection
requirements in 20 DCMR Chapter 62 when UST system is temporarily
closed);
(o) 20 DCMR § 6100.8 (failure to immediately comply with the req uirements
of 20 DCMR § 6100.9 and the applicable requirements of 20 DCMR
Chapter 62 if a release is suspected or confirmed during the period when
UST is temporarily closed);
(p) 20 DCMR § 6101.12 (failure to begin corrective action in accordance with
20 DCMR Chapter 62 if contamination is discovered during closure
assessment or by any other manner);
(q) 20 DCMR § 6101.13 (stockpiling of contaminated soils on site or failure
to properly store, treat, or dispose of soil);
(r) 20 DCMR § 6101.14 (returning untreated contaminated soils to the
excavation pit or using the soils on-site);
(s) 20 DCMR § 6201.1 (failure to take immediate action to contain and clean
up any spill or overfill of a regulated substance from an UST system);
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(t) 20 DCMR § 6201.2 (failure to immediately repo rt to the Department and
to the Fire Chief any spill or overfill where there is danger of fire or
explosion);
(u) 20 DCMR § 6201.3 (failure to immediately contain and clean up a spill or
overfill of petroleum that is less than 25 gallons and to immediately notify
the Department if the cleanup cannot be completed within 24 hour s);
(v) 20 DCMR § 6201.4 (failure to r eport to the D epartment within 24 hours a
petroleum release that is more than 25 gallons a nd to begin corrective
action, in accordance with the appli cable provisions of 20 DCMR Chapter
62);
(w) 20 DCMR § 6201.5 (failure to immediately report a ny spill or over fill of a
hazardous substance to the Department, the Fire Chief, and the D.C.
Homeland Security and E mergency Management Agency, immediately
contain and clean up the spill or overfill, and begin corrective action in
accordance with the applicable provisions of 20 DCMR Chapter 62 if the
cleanup cannot be completed within 24 hours);
(x) 20 DCMR § 6201.6 (failure to report to the National Response Center
where a spill or overfill of a hazardous substance results in release to the
environment that equals or exceeds its reportable quantity under CERCLA
(40 CFR Part 302));
(y) 20 DCMR § 6202.1 (failure to notify the Department within 24 hours of a
suspected release from an US T); or
(z) 20 DCMR § 6202.2 (failure to notify UST owner or operator immediately
and the Department within 24 hours if a release is known or if reason
exists to know of or suspect a release from an UST).
4008.3 In addition to §§ 4008.1, 4008.2, and 4008.4, violation of any of the following
provisions shall be a Class 1 infraction:
(a) 20 DCMR § 6202.4 (knowingl y allowing a release from an UST system to
continue withou t undertaking repair as soon as pos sible);
(b) 20 DCMR § 6202.5 (failure to timely report to the Department and to
follow procedures in 20 DCMR § 6203 for any of the conditions
specified);
(c) 20 DCMR § 6202.6 (failure of a re sponsible party to immediately
investigate a suspected rel ease and confirm w hether a release has
occurred within seven days);
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(d) 20 DCMR § 6203.1 (failure to conduct systems tests in accordance with
tightness testing requirements of 20 DCMR §§ 5902.7, 6004.8, and 6007
when a release is suspected);
(e) 20 DCMR § 6203.2 (failure to repair, replace, or upgrade an UST system
and beg in corrective action in accordance with 20 DCMR Chapter 62 if
test results indicate a release has occurred);
(f) 20 DCMR § 6203.4 (failure to conduct a site investigation as set forth in
20 DCMR §§ 6203.5 through 6203.7 if a release exists or is suspected
based on test results or on visual or analytical data of environmental
contamination);
(g) 20 DCMR § 6203.5 (failure to test for a release where cont amination is
most likely to be present at an UST si te);
(h) 20 DCMR § 6203.8 (failure to perform specified initial r esponse actions
upon confirmation of a release);
(i) 20 DCMR § 6203.10 (failure to take specified initia l abatement actions);
(j) 20 DCMR § 6203.11 ( failure to remedy hazards posed by excavated or
exposed contaminated soils and comply with all applicable laws an d
regulations if remedies include treatment or disposal of soils);
(k) 20 DCMR § 6203.13 (failure to determine whether free product is present
and begin free product removal as soon as practicable, in accordance with
20 DCMR § 6204);
(l) 20 DCMR § 6204.1 (failure to remove measurable free product to the
maximum extent practicable in accordance with schedule approved by the
Department);
(m) 20 DCMR § 6204.3 ( failure to remove free product in a manner that
minimizes the spread of contamination by using appropriate recovery
techniques);
(n) 20 DCMR § 6204.4 (failure to recover and dispose of free product in a
manner that properly treats, discharges, recycles, or disposes of recovery
byproducts in compliance with all applicable laws and regulations);
(o) 20 DCMR § 6204.6 (failure to en sure that flammable substances are
handled in a manner that will prevent fire a nd explosion);
(p) 20 DCMR § 6205.1 (failure to perform Comprehensive Site Assessment in
the time and manner set forth in 20 DCMR § 6205);
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(q) 20 DCMR § 6205.2 (failure to submit a Co mprehensive Site Assessment
in a form satisfactory to the Department within 60 days of subm ission of a
work plan);
(r) 20 DCMR § 6206.2 (failure to comply with specified requirements before
initiating a risk-based decision-making process);
(s) 20 DCMR § 6207.1 (failure to submit a Corrective Action Plan required
by Department, according to a schedule and format established by the
Department);
(t) 20 DCMR § 6207.2 (failure to submit and modify a s necessary a
Corrective Action Plan that provides for adequa te protection of human
health and the environment);
(u) 20 DCMR § 6207.3 (failure of Corrective Action Plan to propose
corrective action option as s pecified);
(v) 20 DCMR § 6207.5 (failure of Corrective Action P lan to provide for
proper disposal of contaminated soils and to prohibit placement of
contaminated soils back into the ground);
(w) 20 DCMR § 6207.6 (failure t o prepare, prior to any site activities, a site-
specific quality assurance and quality control plan that covers all actions
proposed in the Corrective A ction Plan and complies with guidelines of
the Department);
(x) 20 DCMR § 6207.7 (failure to prepare and submit to the Department a
site-specific Health and Safety Plan that that meets the requirements of 29
CFR § 1910.120, in conjunction with the Corrective Action Pl an);
(y) 20 DCMR § 6207.9 (beginning soil and groundwater remediation prior to
approval of Corrective Action Plan without meeting specified
requirements for doing so); or
(z) 20 DCMR § 6207.10 (beginnin g implementation of Corrective Action
Plan prior to approval of plan and without meeting specified requirements
for doing so).
4008.4 In addition to §§ 4008.1, 4008.2, and 4008.3, violation of an y of the following
provisions shall be a Class 1 infract ion:
(a) 20 DCMR § 6207.11 (failure to begin implementation of approved
Corrective Action Plan within 60 days or other perio d approved by the
Department);
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(b) 20 DCMR § 6207.14 (implementing modificati ons to the Corrective
Action Plan which have not been approved by the Department );
(c) 20 DCMR § 6207.15 (failure to take additional corrective action responses
as required by the Department);
(d) 20 DCMR § 6300.1 (failure to provide entry to a Department inspector);
or
(e) 20 DCMR § 6301.3 ( failure to cooperate fully with ins pections,
monitoring, or testing, as well as req uests for document submission,
testing, or monitoring).
4008.5 In addition to §§ 4008.6, 4008.7, 4008.8, 4008.9, 4008.10, and 4008.11, violation
of any of the following provisions shall be a Class 2 infraction:
(a) 20 DCMR § 5507.4 (failure to notify the Department of an UST system
with field-constructed tanks or airport hydrant system);
(b) 20 DCMR § 5507.9 (failure to inspect an UST system with field-
constructed tanks or airport hydrant system as required);
(c) 20 DCMR § 5507.10 (failure of UST system with a field-constructed tank
less than or equal to fifty thousand (50,000) gallons to meet the release
detection requirements of Chapter 60);
(d) 20 DCMR § 5507.11 (failure of UST system with a field -constructed tank
greater than fifty thousand (50,000) gallons to meet s pecified release
detection requirements);
(e) 20 DCMR § 5507.12 (failure of UST system piping associated with a
field-constructed tank or airport hydrant system to meet specified release
detection requirements);
(f) 20 DCMR § 5507.13 (failure to assess the excavation zone and properly
close an UST system with field-constructed tanks or airport hydrant
system that was previously closed- in-place, removed, or temporarily
closed, as directed);
(g) 20 DCMR § 5600.1 (failure to submit required UST notification);
(h) 20 DCMR § 5600.2 (failure to file timely closure notification form
following permanent closure of an UST syste m by removal or closure-in-
place);
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(i) 20 DCMR § 5600.3 (failure to properly complete require d UST
notification form);
(j) 20 DCMR § 5600.5 (failure to submit an UST facility notification for each
separate UST facility);
(k) 20 DCMR § 5600.6 (failure to sign US T notification form and certify
compliance with specified requirements);
(l) 20 DCMR § 5600.7 (fa ilure to ha ve specified person sign the UST facility
notification form);
(m) 20 DCMR § 5600.8 (failure to provide timely notification following
discovery of previously unknown UST);
(n) 20 DCMR § 5600.9 (failure to inform UST owner or lessee of notification
requirements of 20 DCMR § 5600);
(o) 20 DCMR § 5600.10 (failure to ens ure proper certification of compliance
with requirements of 20 DCMR § 5801 for upgrade or modification of
UST system);
(p) 20 DCMR § 5601.7 (depositing a regulated substance into an UST without
first confirming that current registration certificate is prese nt at facility and
that facility is not on prohibited delivery list);
(q) 20 DCMR § 5601.8 ( dispensing or permitting dispensing of regulated
substance from an UST that has not satisfied registration requirements);
(r) 20 DCMR § 5603.1 (failure to provide required advance written notice of
each installation, removal, closure-in-place, repair, or upgrade of an UST
system);
(s) 20 DCMR § 5603.2 (failure to provide notic e of the exact time and date of
the installation, removal, closure-in-place, repair, or upgrade of an UST
system at least 24 hours in advance to schedule site inspection);
(t) 20 DCMR § 5603.3 (failure to pro vide timely notice of emergency
removal or repair to Department and Fire Chief);
(u) 20 DCMR § 5603.4 (failure to timely submit plans, design, and
specifications for installation or upgrade of an UST system in accordance
with 20 DCMR § 6500);
(v) 20 DCMR § 5603.5 (failure to obtain Department approval of plans,
design, and specifications before applying for a co nstruction permit);
12
(w) 20 DCMR § 5603.7 (failure to timely provide required notice of tank
tightness test to Fire Chief in cases of suspected release);
(x) 20 DCMR § 5604.1 (failure to timely provide required notice of the
existence or removal of any UST to p rospective buyer of real property);
(y) 20 DCMR § 5604.2 (failure to inform prospective buyers of commercial
property of prior use of property that suggests the existence of an UST of
which the seller has actual knowledge); or
(z) 20 DCMR § 5606.3 (third party inspector having a financial interest in the
facility or UST system).
4008.6 In addition to §§ 4008.5, 4008.7, 4008.8, 4008.9, 4008.10, and 4008.11, violation
of any of the following provisions shall be a Cl ass 2 infraction:
(a) 20 DCMR § 5700.7 (failure of each UST system located within 100 feet of
a subsurface transit structure to meet the requirements of the District of
Columbia Fire Prevention Code, the District of Columbia Municipal
Regulations, and the National Fire Protection Association 130);
(b) 20 DCMR § 5700.10 (failure for the owner or operator of an UST that is
more than 30 years old to remove the tank from the ground in accordance
with 20 DCMR Chapter 61 within five (5) years of the regulations
becoming effective);
(c) 20 DCMR § 5700.11 (failure of the ow ner or operator of an UST that is
more than 30 years old to perform a tightness test within one (1) year of
the date the regulations become effective and, in case of test failure, to
remove the UST w ithin one (1) year from the date of the test);
(d) 20 DCMR § 5701.3 (failure to operate and maintain cathodic pr otection
system in new petroleum UST, in accordance with 20 DCMR § 5901);
(e) 20 DCMR § 5701.4 (failure to meet requirements for design, constructio n,
and installation of secondary containment systems in a new petroleum
UST);
(f) 20 DCMR § 5701.5 (failure, if continuous monitoring methods are not
used, to test each secondary containment system every three (3) years to
ensure the interstitial area is liq uid-tight);
(
g) 20 DCMR § 5701.6 (failure to meet requirements for design, construction,
and installation of double -walled tanks in a new petroleum UST);
13
(h) 20 DCMR § 5701.7 (failure to meet requirements for design, c onstruction,
and installation of external li ner systems (including vaults) in a new
petrole um UST);
(i) 20 DCMR § 5702.3 (failure to operate and maintain each cathod ic
protection system in a hazardous substance UST system, in accordance
with 20 DCMR § 5901);
(j) 20 DCMR § 5702.4 (failure to meet requirements for design, construction,
and installation of double-walled tanks in a new hazardous substance
UST);
(k) 20 DCMR § 5703.3 (failure to operate and maintain each cathodic
protection system in a new heating oil UST system in accordance with 20
DCMR § 5901);
(l) 20 DCMR § 5703.4 (failure to meet requirements for design, construction,
and installation of secondary cont ainment systems in a new heating oil
UST system);
(m) 20 DCMR § 5703.5 (failure, if continuous monitoring m ethods are not
used, to test each secondary containment system every three years to
ensure the inters titial area is liquid-tight in a new heating oil UST system);
(n) 20 DCMR § 5703.6 (failure to meet requirements for design, construction,
and installation of double-walled tanks in a new heating oi l UST system);
(o) 20 DCMR § 5703.7 (failure to meet r equirements for design, construction,
and installation of ext ernal liner systems (including vaults) in a new
heating oil UST system);
(p) 20 DCMR § 5704.1 (failure of UST piping that is in contact with earth en
materials to be designed, constructed, and protected from corros ion as
specified);
(q) 20 DCMR § 5704.4 (failure to operate and maintain cathodic protection
system in UST piping, in accordance with 20 DCMR § 5901);
(r) 20 DCMR § 5704.5 (failure to meet requiremen ts for design and
construction of secondary containment systems in UST piping as set forth
in 20 DCMR § 5701.4);
(s) 20 DCMR § 5705.3 (failure to use overfill prevention equipment that
meets specified requirement s);
14
(t) 20 DCMR § 5705.4 (using flow r estrictors in vent lines as the only method
of overfill prevention when the overfill prevention is installed or replaced
after the date the regulations become effective);
(u) 20 DCMR § 5705.5 (failure to use an automatic shutoff valve to comply
with 20 DCMR § 5705.3 in tanks that are susceptible to over-
pressurization);
(v) 20 DCMR § 5705.7 (failure of spill prevention equipment to have a
minimum capacity of ten (10) gallons);
(w) 20 DCMR § 5706.1 (failure to install an UST system as s pecified);
(x) 20 DCMR § 5706.2 (failure to ensur e that each UST installation is
performed by or supervised by an UST System Technician as set forth in
20 DCMR Chapter 65);
(y) 20 DCMR § 5706.3 (failure to complete all work listed in the
manufacturer’s installation checklist for each UST installation); or
(z) 20 DCMR § 5706.4 (failure to submit a soil sampling report before
installation and obtain inspection and approval by the Department prior to
placement of backfill for completion of installation).
4008.7 In addition to §§ 4008.5, 4008.6, 4008.8, 4008.9, 4008.10, and 4008.11, violation
of any of the following provisions shall be a Class 2 infraction:
(a) 20 DCMR § 5706.5 (failure to perform a tank tightness test upon
installation of an UST system prior to its use);
(b) 20 DCMR § 5801.5 (failure, if internal lining is the sole method of
corrosion protection for an UST, to inspect the lining at least once a year
for the conditions listed in 20 DCMR § 5801.4(a)-(c));
(c) 20 DCMR § 5801.6 (failure to follow specified requirements for tank
linings that have failed inspections);
(d) 20 DCMR § 5802.1 (failure to cathodi cally protect metal piping that is in
contact with earthen materials, i n accordance with code of practice);
(e) 20 DCMR § 5802.2 (failure to cathodically protect metal piping that is in
contact with earthen materials, in accordance with requirements of 20
DCMR §§ 5704.3 and 5704.4);
(
f) 20 DCMR § 5802.3 (failure to re place metal piping that is in contact with
earthen materials that does not meet the requirements of 20 DCMR §§
15
5802.1 and 5802.2, with new piping that s atisfies the requirements of 20
DCMR § 5704);
(g) 20 DCMR § 5804.1 (failure to perform a tank tightness test as set forth in
20 DCMR § 6007 upon completion of an UST system upgrade and prior
to placing the UST sy stem in operation);
(h) 20 DCMR § 5900.1 (failure to ensure that releases due to spilling or
overfilling do not occur and to follow an approved co de of practice);
(i) 20 DCMR § 5900.2 (failure to ensure that the available tank volume is
greater than the volume of product to be transferred to the tank befo re
each transfer is made);
(j) 20 DCMR § 5900.3 (failure to ensure that each transfer operation is
monitored constantly to prevent overfilling or spilling and is performed in
accordance with the UST manufacturer’s specificat ions);
(k) 20 DCMR § 5900.4 (failure to hold de livery nozzles open manually where
product is transferred by means of pressurized delivery);
(l) 20 DCMR § 5900.5 (failure to install a visible and audible vent alarm
device where product is transferred by means of pressurized delivery);
(m) 20 DCMR § 5900.6 (failure to discontinue delivery where vent alarm
indicates an obstruction to the vent);
(n) 20 DCMR § 5900.7 (fa ilure to keep spill prevention equipment clean and
dry);
(o) 20 DCMR § 5900.8 (failure to ensure that all fill lines for the UST system
are clearly marked to indicate the size of tank and t ype of regulated
substance in accordance with specified methods);
(p) 20 DCMR § 5900.9 (marking pipes or other openings in a way that could
be associated with a regulated substance if they are not used for the
transfer of that substance);
(q) 20 DCMR § 5900.11(a) (failure to comply, for UST systems in use on or
before the date the U ST regulations become effective, with the regulations
of 20 DCMR § 5900.12 through 15 no later than October 13, 2021);
(r) 20 DCMR § 5900.11(b) ( failure to comply, for UST systems brought into
use after the UST regulations become effective, with t he regulations of 20
DCMR § 5900.12 through 15 upon installation);
16
(s) 20 DCMR § 5900.12 (failure to test all spill prevention equipment and
containment sumps once every three (3) years for liquid tightness i n
accordance with 20 DCMR § 5900.14);
(t) 20 DCMR § 5900.14 (fai lure to conduct liquid tightness tests in
accordance with one of the criteria provided in § 5900.14);
(u) 20 DCMR § 5900.15 (failure to in spect ove rfill prevention equipment at
least once eve ry three (3) years to ensure that overfill equipment will
activate at the level specified in 20 DCMR § 5705.3);
(v) 20 DCMR § 5901.1 (failure of a steel tan k UST syst em or a steel -
fiberglass-reinforced plastic composite UST system with corrosion
protection to comply with requirements of 20 DCMR § 5901);
(w) 20 DCMR § 5901.2 (failure to operate and maintain each corrosion
protection system to continuously provide corro sion protection);
(x) 20 DCMR § 5901.3 (failure to have cathodic protection system inspected
by a qualified cathodic protection tester within six (6) months of
installa tion and every three (3) years thereafter);
(y) 20 DCMR § 5901.4 (failure to conduct cathodic prot ection testing in
accordance with criteria set forth in an approved code of practice); or
(z) 20 DCMR § 5901.5 (failure to inspect UST system with an impr essed
current cathodic protection system every sixty ( 60) days).
4008.8 In addition to §§ 4008.5, 4008.6, 4008.7, 4008.9, 4008.10, and 4008.11, violation
of any of the following provisions shall be a Class 2 infraction:
(a) 20 DCMR § 5901.6 (failure to maintain specified operational records of
cathodic protection for an UST system, in accordance with 20 DCMR §
5602);
(b) 20 DCMR § 5901.7 (failure to co nduct annual inspection of U STs that use
internal lining as the sole method of corrosion protection in accordance
with 20 DCMR § 5801.5);
(c) 20 DCMR § 5901.8 (failure to permanently c lose a UST that fails the
annual inspection and cannot be repaired in accor dance with the closure
processes of 20 DCMR § 6101);
(
d) 20 DCMR § 5902.1 (failure to ensure that repairs to an UST system are
made using the proper materials and techniques and that repairs will
prevent releases);
17
(e) 20 DCMR § 5902.2 (failure to follow a code of p ractice in complying with
repair or replacement requirements for an UST system);
(f) 20 DCMR § 5902.5 (failure t o replace metal pipe sections or fittings that
have released a regulated substance or that constitute a threat of release, in
accordance with 20 DCMR § 5704);
(g) 20 DCMR § 5902.6 (failure to replace non-corrodible or fiberglass pipes
and fittings, or flexible pipes that have released a regulated substance or
that constitute a threat of release, in accordance with 20 DCMR § 5704);
(h) 20 DCMR § 5902.7 (failure to perform a tightness test in accordance with
an approved code of practice within thirty (30) days of completing a repair
to secondary containment or containment sumps used for interstitial
monitoring and before pl acing the tank back in service );
(i) 20 DCMR § 5902.8 (failure to perform a tightness test in accordance with
20 DCMR § 6007 within thi rty (30) days of completing a repair to a tank
or piping and before placing the tank back in service);
(j) 20 DCMR § 5902.9 (fa ilure to test the cathodic protection system in
accordance with 20 DCMR §§ 5901.3 through 5901.5 within six (6)
months following repair);
(k) 20 DCMR § 5902.10 (failure to maintain repair records for ten ( 10) years,
or for the remaining operating lif e of repaired UST, whichever is longer);
(l) 20 DCMR § 5902.11 (failure to ensure that an UST system repair is
carried out or supervised by a certified UST System Technician);
(m) 20 DCMR § 5902.14 (failure to test or inspect spill or overfill equipment
in accordance with 20 DCMR § 5900 within thirty (30) da ys of a repair);
(n) 20 DCMR § 5903.1 ( failure to use a n UST system that is made of or lined
with materials that are compatible with the substance stored in the UST
system);
(o) 2
0 DCMR § 5903.3 (failure to demonstr ate compatibility between a UST
system and the regulated substance it contains);
(p) 20 DCMR § 5904.1 (failure to conduct a walkthrough inspection no later
than October 13, 2021);
(q) 20 DCMR § 5904.2 (failure to conduct walkthrough inspections every
thirty (30) days in accordance with specified requirements);
18
(r) 20 DCMR § 5904.3 (failure to conduct annual walkthrough inspections in
accordance with specified requirements);
(s) 20 DCMR § 6000.4 (failure to complete closure requirements of 20
DCMR Chapter 61 when release detection method in compliance with 20
DCMR Chapter 60 cannot be applied);
(t) 20 DCMR § 6000.12 (failure to notify Department within twenty-four (24)
hours and to comply with temporary closure requirements of 20 DCMR §
6100 if release detection system is not repaired or replaced within forty-
five (45) day s of improper performance);
(u) 20 DCMR § 6000.14 ( failure to operate and maintain the release detectio n
system and test electronic and mechanical components in accordance with
approved criteria);
(v) 20 DCMR § 6002.3 (failure to check seconda ry containment systems for
evidence of a release at least ev ery thirty (30) days);
(w) 20 DCMR § 6002.4 (failure to test the secondary containment system
every three (3) years to ensure the interstitial area is liquid-tight, or to use
continuous monitoring methods);
(x) 20 DCMR § 6003.3 (failure to monitor tanks for re leases at least once
every thirty (30) days using specified methods);
(y) 20 DCMR § 6003.6 (failure of owner or operator of a petroleum UST,
excepting those exempted, to check for evidence of a release at least onc e
every thirty (30) days using interstitial m onitoring); or
(z) 20 DCMR § 6003.7 ( failure to test the secondary containment system
every three (3) years to ensure the interstitial area is liquid-tight, or to use
continuous monitoring methods).
4008.9 In addition to §§ 4008.5, 4008.6, 4008.7, 4008.8, 4008.10, and 4008.11, violation
of any of the following provisions shall be a Class 2 infraction:
(a) 20 DCMR § 6004.1 (failure to regularly monitor petroleum UST system
underground piping, in accordance with 20 DCM R § 6004);
(
b) 20 DCMR § 6004.4 (failure to use automatic line leak detectors that meet
specified standards);
19
(c) 20 DCMR § 6004.5 (failure to annually test for the proper operation of the
automatic line leak detector in accordance with the manufacturer’s
instructions);
(d) 20 DCMR § 6004.6 (failure to perform an annual line tightness test for
underground piping that conveys regulated substances under pressure, in
accordance with 20 DCMR § 6004.8, or to conduct monthly monitoring of
piping, in accordance with 20 DCM R § 6004.10);
(e) 20 DCMR § 6004.7 (failure to per form a line tightness test every three (3)
years for underground pipi ng that conveys regulated substances under
suction, in accordance with 20 DCMR § 6004.8, or to c onduct monthly
monitoring of piping, in accord ance with 20 DCMR § 6004.10);
(f) 20 DCMR § 6004.11 (failure to check secondary containment systems on
underground pi ping installed or replaced after February 8, 2007, for
evidence of a release at least every thirty (30) days using interstitial
monitoring );
(g) 20 DCMR § 6005.3 (failure to conduct product inventory control monthly
in specified manner);
(h) 20 DCMR § 6006.1 (failure to conduct manual tank gauging in accordance
with 20 DCMR § 6006);
(i) 20 DCMR § 6006.6 (fa ilure to follow requirements of 20 DCMR Chap ter
62 for a suspected release following a specified variation in liquid level
measurements);
(j) 20 DCMR § 6013.6 (failure to comply with any conditions imposed by the
Department upon approval of an alternative release detection method);
(k) 20 DCMR § 6100.2 (failure to comply with the requirements of 20 DCM R
§ 6100 when an UST system is temporarily closed);
(l) 20 DCMR § 6100.6 (failure to empty UST of product in accordance with
20 DCMR § 6100.9 during temporary closure of UST sy stem);
(m) 20 DCMR § 6100.7 (failu re to comply with release detection requirements
in accordan ce with 20 DCMR Chapter 60 during temporary closure of
UST system);
(n) 20 DCMR § 6100.9(a) -(c) (failure to empty UST system, open vent lines,
and cap and secure all other lines, pumps, manways and ancillary
equipment within ni nety (90) days after an UST system is temporarily
closed);
20
(o) 20 DCMR § 6100.9(d) (fa ilure to submit required contractor certification
form within seven (7) days after completing requirements for temporary
closure of an UST system);
(p) 20 DCMR § 6101.1 (failure to comply with 20 DCMR § 6101 when an
UST system is permanently closed or undergoes a change-in-service);
(q) 20 DCMR § 6101.2 (failure to submit UST activity notification form no
less than two (2) weeks before beginning a permanent closure or a change-
in-service);
(r) 20 DCMR § 6101.4 (fai lure to properly empty and clean the tank prior to
each change-in-service);
(s) 20 DCMR § 6101.5 (failure to properly empty and clean UST system prior
to removing it from the ground);
(t) 20 DCMR § 6101.6 (failure to remove from the ground an UST system
that is t o be closed permanently, unless the Department grant s a variance
pursuant to 20 DCMR § 6101.7);
(u) 20 DCMR § 6101.9 (failure to empty, clean, and fill tank with an inert
solid material and comply with 20 D CMR § 5500.05 when a tank removal
variance is grante d);
(v) 20 DCMR § 6101.10 (failure to conduct a closure assessment of the
excavation zone prior to permanent closure or a change-of-service of an
UST system);
(w) 20 DCMR § 6101.11 (failure to consider specified factors when selecting
sample types, sample locations, and measurement methods for the closure
assessment and to comply with other requirements of the Department for
number of samples or location of borings or wells);
(x) 20 DCMR § 6101.15 (failure to eva luate the excavation zone in
accordance with specified requirements in the case of a release of a
regulated substance);
(y) 20 DCMR § 6101.16 (failure to submit a closure assessm ent report,
including a closure not ification form, within thirty (30) days after
completing the permanent closure or change-in-service); or
(z) 20 DCMR § 6102 (failure to assess the excavation zone and properly close
an UST system that was previously closed -in-place, removed, or
temporarily closed, as directed).
21
4008.10 In addition to §§ 4008.5, 4008.6, 4008.7, 4008.8, 4008.9, and 4008.11, violation
of any of the following provisions shall be a Class 2 infraction:
(a) 20 DCMR § 6202.3 (failure to include required information in notification
of release or suspected release) ;
(b) 20 DCMR § 6203.6 (failure to consider appropriate selection factors and
to comply with Departmental directives and protocols for s ample types,
sample locations, and measurement methods);
(c) 20 DCMR § 6203.12 (failure to condu ct initial site assessment to evaluate
on-site conditions in accordance with specified requirements and any
applicable protocols of the Department);
(d) 20 DCMR § 6205.4 (failure to conduct site assessment activities in
accordance with an appropriate health a nd safety plan and make plan
available for inspection);
(e) 20 DCMR § 6207.12 (failure to provide the D epartment with an
opportunity to inspect the site at i ts request prior to implementation of the
Corrective Action Plan);
(f) 20 DCMR § 6210.8 (failure to remove all equipment, drums, and waste
and ensure that all wells are properly abandoned within six (6) months
following notice of no further action or case closure);
(g) 20 DCMR § 6301.4 (failure to submit records, documents, or other
information within twenty (20) days of a request, or other t ime frame
specified by the Department);
(h) 20 DCMR § 6500.1 ( failure of any individual who performs UST system
activities in the District to be a certified or to be supervised on-site by a
certified individual );
(i) 20 DCMR § 6500.2 (failure of individua l performing or supervising UST
installation, upgrade, retrofit, or repair to be a certified UST System
Technician);
(j) 20 DCMR § 6500.3 (failure of individual performing or supervising UST
system closure-in-place or removal to be a certified UST System
Technician or UST Closure Specialist);
(k) 20 DCMR § 6500.4 (failure of individual pe rforming a tightness test to be
a certified UST System Tester);
22
(l) 20 DCMR § 6500.5 (failure of an UST system owner or operator to ensure
that any UST system activity is performed by, or is sub ject to the
continuous on- site supervision of, a pe rson certified to perform or
supervise the activity under 20 DCMR Chapter 65);
(m) 20 DCMR § 6500.7 (failure of a business that performs UST system
activities in the District to be licensed by the Dep artment and to employ
individuals certified to perform each of the U ST system activities for
which the business is licensed);
(n) 20 DCMR § 6500.9 (transferring an UST system certification or license);
(o) 20 DCMR § 6502.1 (failure to designate at least one Class A, one Class B,
and one Class C operator for each act ive UST facility);
(p) 20 DCMR § 6502.2 (dispensing or storing a regulated substance when
Class A, B, and C operators have not been designated and trained as
required by 20 DCMR §§ 6502 and 6503);
(q) 20 DCMR § 6502.6 (failure of trained operators to be readily avai lable to
respond to suspected or confirmed releases, other unus ual operating
conditions, emergencies, or equipment failures);
(r) 20 DCMR § 6502.7 (failure to prominentl y display at the facility
emergency contact information and emergency procedures for users of
unmanned facilities);
(s) 20 DCMR § 6503.1 (failure to ensur e that all operators receive required
training and retraining);
(t) 20 DCMR § 6503.2 (failure of Class A and Class B operators for a
petroleum UST system to complete required retraining within thirty (30)
days of being notified that an UST system is out of compliance);
(u) 20 DCMR § 6503.3 (failure of Class A operator to complete required
training);
(v) 20 DCMR § 6503.4 ( failure of Class B operator to complete required
training);
(w) 20 DCMR § 6503.5 (failure of Class C operator to complete required
training);
(x) 20 DCMR § 6503.7 (failure to train a replacement Class A or B operator
within thirty (30) days of the operat or assuming duties);
23
(y) 20 DCMR § 6503.8 (failure to train Class C operators prior to assuming
duties as a Cl ass C operator); or
(z) 20 DCMR § 6503.9 (failure of training providers to obtain written
approval from the Department prior to delivering training courses for
Class A, B, and C operators).
4008.11 In addition to §§ 4008.5, 4008.6, 4008.7, 4008.8, 4008.9, 4008.10, and 4008.12,
violation of any of the fo llowing provisions shall be a Class 2 infraction:
(a) 20 DCMR § 6503.10 (failure to maintain documentation that designated
Class A, B, and C operators h ave received the required training and
retraining for as lo ng as they remain designated);
(b) 20 DCMR § 6700.8 (failure to immediately file a c ertification of financial
responsibility for an existing UST in accordance with 20 DCMR §
5500.4);
(c) 20 DCMR § 6700.9 (failure to file a certification of financ ial
responsib ility with the Department within thirty (30) days after installation
of a new UST or changing the substance stored to petroleum);
(d) 20 DCMR § 6700.10 (failure to demonstrate minimu m required per-
occurrence amount of financial responsibility for specified petroleum
USTs);
(e) 20 DCMR § 6700.11 (failure to demons trate minimum required per-
occurrence amount of financial responsibility for petroleum USTs not
covered by 20 DCM R § 6700.10);
(f) 20 DCMR § 6700.12 (failure to demonstrate minimum required annual
aggregate amount of financial responsibility);
(g) 20 DCMR § 6700.16 (fai lure to meet new financial responsibility
requirements on anniversary of effective date of f inancial responsibility
mechanism, following acquisition or installation of additional USTs);
(h) 20 DCMR § 6701.1 (failure to utilize mechanism(s) listed in 20 DCMR §§
6703 through 6710 to demonstrate financial responsibility);
(i) 20 DCMR § 6701.6 (failure to obtain alternate assurance of financial
responsibility within thirty (30) days after the own er receives notice of any
condition set forth in 20 DCMR § 6701.6(a) -(d));
24
(j) 20 DCMR § 6701.7 (failure to update certification of financial
responsibility within thi rty (30) days of change in financial assurance
mechanism);
(k) 20 DCMR § 6702.8 (failure to s ubmit current evidence of financial
responsibility within thirty (30) days after identifying an UST release
required to be reported under 20 DCMR § 6201 or § 6202);
(l) 20 DCMR § 6702.9 (failure to submit current evidence of financial
responsibility within thirty (30) days af ter receiving notice of the
incapacity of a pro vider of assurance under 20 DCMR § 6701.6);
(m) 20 DCMR § 6702.10 (failure to submit evidence of financial assurance or
other relevant information as required by the Department);
(n) 20 DCMR § 6703.4 (failure to obtain alternative assurance within
specified time period whe n no longer meeting requirements of financial
tests of self-insurance set forth in 20 DCMR §§ 6704 or 6705);
(o) 20 DCMR § 6703.5 (failure to provide reports of financial condition as
required by Department or failure to timely obtain alternate assura nce
following notification by Department );
(p) 20 DCMR § 6703.6 (failure to notify the Department of the failure to
timely obtain alternate assurance as required under 20 DCMR §§ 6703.4
or 6703.5);
(q) 20 DCMR § 6706.1 (failure to comply with criteria in 20 DCMR § 6706
when obtaining a guarantee to meet financial responsibility requirements
of 20 DCMR § 6700);
(r) 20 DCMR § 6707.1 (failure to comply with requirements of 20 DCMR §
6707 when obtaining liability insurance to meet financial responsibility
requirements of 20 DCMR § 6700);
(s) 20 DCMR § 6708.1 (failure to comply with requirements of 20 DCMR §
6708 when obtai ning a surety or performance bond to mee t financial
responsibility requirements of 20 DCMR § 6700);
(t) 20 DCMR § 6709.1 (failure to comply with requirements of 20 DCMR §
6709 when obtaining a letter of credit to meet financial responsibility
requirements of 20 DCMR § 6700);
(u) 20 DCMR § 6710.1 (failure to comply with requirements of 20 DCMR §
6710 when establishing a trust fund to meet financial responsibilit y
requirements of 20 DCMR § 6700);
25
(v) 20 DCMR § 6714.4 (failure to send a copy of each notice of cancellation
or termination of financial assurance to the Department in accordance with
20 DCMR § 5500.4 at the same time that notice is sent to the owner);
(w) 20 DCMR § 6714.5 (failure to obtain alternative financial assurance
coverage within sixty (60) days after receipt of notice of cancellation or
non-renewal of financial assurance);
(x) 20 DCMR § 6714.6 (failure to submit notification and required
information following the failure to obtain alternate coverage within sixty
(60) days after receipt of a notice of termination);
(y) 20 DCMR § 6715.1 (failure to provi de proper and timely notification of
commence ment of bankruptcy proceedings and to submit appropria te
forms listed in 20 DCMR §§ 6702.4 through 6702.7 documenting
financial responsibility); or
(z) 20 DCMR § 6715.5 (failure to provide notification of failure to obtain
alternate coverage within thirty (30) days af ter notification of bankruptcy
or incapacity).
4008.12 In addition to §§ 4008.13, 4008.14, 4008.15, and 4008.16, violation of any of the
following provisions shall be a Class 3 infraction:
(a) 20 DCMR § 5502.3 (failure to maintain records demonstrating compliance
for systems exempted from corrosion protection requirements);
(b) 20 DCMR § 5601.1 (failure to register an UST in accordance with 20
DCMR § 5601);
(c) 20 DCMR § 5601.5 (failure to renew the registra tion for each UST before
November 30 of each calendar year);
(d) 20 DCMR § 5601.10 (failure of seller of UST to provide requi red
notifications);
(e) 20 DCMR § 5602.2 (failure to provide information under 20 DCMR §§
5602.1(b), (c), (d), and (f), 6204.7, and 6205.3 to the Dist rict Fire Chief);
(f) 20 DCMR § 5602.3 (failur e to maintain specified records and information
at the UST fa cility);
(g) 20 D
CMR § 5602.4 (failure to maintain specified records for required
period and have records immediately available for inspection);
26
(h) 20 DCMR § 5602.5 (failure to keep records required under 20 DCMR §
5602.3(d) either at the UST location or at another location where the
records can be viewed by a person in the District);
(i) 20 DCMR § 5602.6 (f ailure to deliver permanent closure records that
cannot be kept at the facility or an alt ernative location in the District to the
Department);
(j) 20 DCMR § 5602.7 (failure to maintain records for required period);
(k) 20 DCMR § 5603.6 (failure to provide notic e at least twenty-four hours in
advance of the time an d date of any tank tightness test);
(l) 20 DCMR § 5706.6 (failure to ensure that UST System Technici an
completes certification of compliance on UST notification form);
(m) 20 DCMR § 5801.1 (failure to upgrade steel tanks in accordance with an
approved code of practice);
(n) 20 DCMR § 5801.2 (failure t o submit plans and obtain approval from the
Department before upgradin g an existing tank to stage I vapor recovery);
(o) 20 DCMR § 5801.3 (failure to comply with specified requirements for
upgrading an UST by internal lining);
(p) 20 DCMR § 5801.4 (failure to inspect the interior of a lined tank within
ten (10) years after lining or every five (5) years thereafter, in order to
ensure the lining is structurally sound, fr ee of corrosion holes, and
performing in accordance with original design specifications);
(q) 20 DCMR § 5801.7 (upgrading a tank by cathodic protection without
meeting the requirements of 20 DCMR § § 5701.2 and 5701.3, and without
following specified methods for ensuring the integrity of the ta nk);
(r) 20 DCMR § 5801.8 (upgrading a tank by both internal l ining and cathodic
protection without meeting the requirements of 20 DC MR §§ 5902,
5701.2, and 5701.3);
(s) 20 DCMR § 5902.12 (failure to ensure that certified UST System
Technician completes certification of compliance on UST notification
form);
(t) 2
0 DCMR § 5903.2 ( failure to notify the Department at least thi rty (30)
days prior to changing the product stored in a UST to a regulated
substance containing greater than ten percent (10%) ethanol or greater
than twenty percent (20%) biodiesel);
27
(u) 20 DCMR § 5903.4 (failure to maintain records of compliance with 20
DCMR §§ 5903.2 and 5903.3 when storing regulated substances);
(v) 20 DCMR § 5904.6 (failure to prepare required records following a
walkthrough inspection);
(w) 20 DCMR § 5904.7 (failure to maintain records of walkthrough
inspections for ten (10) ye ars);
(x) 20 DCMR § 6000.6 ( failure to install, calibrate, operate, and maintain
each release detection system in accordance with the manufacturer’s
instructions);
(y) 20 DCMR § 6000.8 (failure to provide written performance claims before
installing a release detection system); or
(z) 20 DCMR § 6001.1 (failure to properly maintain records demonstrating
compliance with 20 DCMR Chapter 60).
4008.13 In addition to §§ 4008.12, 4008.14, 4008.15, and 4008.16, violation of any of the
following provisions shall be a Class 3 infraction:
(a) 20 DCMR § 6001.2 (failure to maintain for at least ten ( 10) years written
performance claims for release detection systems);
(b) 20 DCMR § 6001.3 (failure to maintain for at least ten (10) years the
results of any sampling, testing, or monitoring conducted under 20 D CMR
Chapter 60);
(c) 20 DCMR § 6001.4 (failure to retain results of tank tightness testing until
the next te st of the UST system);
(d) 20 DCMR § 6001.5 (failure to maintain written documentation of all
calibration, maintenance, and repai r of release detection equipment for at
least three (3) years);
(e) 20 DCMR § 6001.6 (failure to retain for at least ten ( 10) years all
schedules of required calibration and ma intenance provided by the release
detection equipment manufacturer);
(f) 20 DCMR § 6001.7 (failure, after October 13, 2021, of an owner or
operator using groundwater or vapor monitoring to maintain records
signed by a qualified professional of site assessments conducted pursuant
to 20 DCMR §§ 6009.7 or 6010.7);
28
(g) 20 DCMR § 6005.3 (failure to conduct product inventory control monthly
in the manner specified in 20 DCMR § 6005.3(a) -(f));
(h) 20 DCMR § 6006.3 (failure to conduct manual tank gauging weekly);
(i) 20 DCMR § 6006.4 (failure to properly take tank liquid l evel
measurements and record measur ements on approved form);
(j) 20 DCMR § 6006.5 (failure to use proper manual tank gauging
equipment);
(k) 20 DCMR § 6007.3 (failure to us e a tank tightness test that meets
specified requirements);
(l) 20 DCMR § 6008.1 (failure to use automatic tank gauging equipment that
meets requirements of 20 DCM R § 6008);
(m) 20 DCMR § 6008.2 (failure to ensure proper installation of tank gauging
probe);
(n) 20 DCMR § 6008.3 (failure to use automatic product level monitor test
that meets specified requirements);
(o) 20 DCMR § 6008.4 (failure to install tanks horizontally without tank tilt if
automatic tank gauging is used);
(p) 20 DCMR § 6008.5 (failure to inspect automatic tank gauging system at
least every thirty (30) days);
(q) 20 DCMR § 6008.6 (failure of automatic tank gauging equipment to m eet
the inventory control requirements of 20 DCMR § 6005.3);
(r) 20 DCMR § 6008.7 (failure of the owner or operator to test for loss of
product using one of the provided modes);
(s) 20 DCMR § 6009.2 (fa ilure to use proper backfill materials);
(t) 20 DCMR § 6009.3 ( failure of stored regulated substance or tracer
compound to have sufficient volatility);
(u) 20 DCMR § 6009.4 (vapor measurement rendered inoperative or less
effective due to ground water, rainfall, soil moisture, or other known
interference);
(v) 20 DCMR § 6009.5 (ba ckground contamination in the excavation zone
interfering with the vapor monitoring method);
29
(w) 20 DCMR § 6009.6 (failure to use vapor monitor that is properly designed
and operated);
(x) 20 DCMR § 6009.7 (failure to a ssess the excavation zone as required
before using vapor monitoring);
(y) 20 DCMR § 6009.8 (failure to clearly and properly mark and secure
monitoring wells); or
(z) 20 DCMR § 6010.1 (failure to test and monitor for regulated substances in
the ground water or in the tank excavation zone in accorda nce with 20
DCMR § 6010).
4008.14 In addition to §§ 4008.12, 4008.13, 4008.15, and 4008.16, violation of any of the
following provisions shall be a Class 3 infr action:
(a) 20 DCMR § 6010.2 (failure of the regulated substan ce stored to be
immiscible in water and have a specific gravity of less than one);
(b) 20 DCMR § 6010.3 (ground water more than twenty (20) feet from the
ground surface or hydraulic conductivity of the soils less than one
hundredth of a centimeter per second (0.01 cm/sec) if testing or
monitoring for regulated substances in ground water);
(c) 20 DCMR § 6010.4 (failure to design slotted portion of monitoring well
casing to prevent migration of natural soils or filter pack into the well and
to allow entry of regulated substance on the water table into the well);
(d) 20 DCMR § 6010.5 (failure to seal monitoring wells from the ground
surface to the top of the filter pack);
(e) 20 DCMR § 6010.6 (failure of monitoring wells or devices to intercept the
excavation zone or be as close to the excavation zone as is technically
feasible);
(f) 20 DCMR § 6010.7 (failure to assess the excavation zone as required
before using groundwater monitoring) ;
(g) 20 DCMR § 6010.8 (failure to use continuous monitoring devices or
manual methods capable of detecting at least one eighth (1/8) inch of free
regulated substan ce);
(h) 20 DCMR § 6010.9 (failure to clearly mark and secure each monitoring
well to avoid unauthorized access or tampering);
30
(i) 20 DCMR § 6011.2 (failure of an owner or operator of a UST system
installed or replaced after February 8, 2007 to check for a releas e at least
once every thirty (30) days using interstitial monitoring);
(j) 20 DCMR § 6011.3 (failure to install an interstitial monitoring system that
can detect a leak from any portion of the tank or piping system that
routinely carries a regulated substance);
(k) 20 DCMR § 6011.4 (failure to properly maintain the vacuum in vacuum
monitoring);
(l) 20 DCMR § 6011.5 (failure to follow the requirements of 20 DCM R
Chapter 62 if vacuum falls below five (5) inches of mercury);
(m) 20 DCMR § 6011.6 (failure to gain prior De partment approval before re-
instituting a vacuum more frequently than once every three (3) months);
(n) 20 DCMR § 6011.7 (failure to use sampling or testing method for a
double-walled UST sys tem capable of detect ing a release through the
inner wall);
(o) 20 DCMR § 6011.8 (failure to use an automated device capable of
detecting a release between the inner wall and the internally fitted liner
and to use a liner that is compatible with the substance stored);
(p) 20 DCMR § 6011.9 (failure of secondary barrier within the excavation
zone to meet specified requirements);
(q) 20 DCMR § 6011.10 (failure to use sampling or testing method capable of
detecting a release between the UST system and the secondary ba rrier
within the excavation zone);
(r) 20 DCMR § 6011.11 (use of testing or sampling method that is rendered
inoperative or less effective due to ground water, rainfall, soil moisture, or
other known interference );
(s) 20 DCMR § 6011.12 (failure to assess the si te for an UST system with a
secondary barrier within the excavation zone to ensure that the secondary
barrier is always above the groundwater and not in a twenty- five (25) year
floodplain);
(t) 2
0 DCMR § 6011.13 ( failure to clearly mark and secure monitoring w ells
for each UST system with a secondary barrier within the excavation zone
to avoid unauthorized access or tampering);
31
(u) 20 DCMR § 6011.15 (failure to repair, upgra de, or close a leaking inner or
outer tank wall or liner as specified in 20 DCMR § 6203);
(v) 20 DCMR § 6012.2 (failure to conduct monthly statistical inventory
reconciliation in accorda nce with 20 DCMR § 6012.2(a)-(c));
(w) 20 DCMR § 6012.3 (failure to verify the accuracy of a statistical inventory
reconciliation method in accordance with 20 DCMR §§ 6012.2 and
6000.9);
(x) 20 DCMR § 6012.4 (failure to obta in independent third party certification
that a statistical inventory reconciliation method is accurate and maintain
evaluation records for te n (10) ye ars);
(y) 20 DCMR § 6100.5 (failure to submit temporary closure notification form
at least thirty (30) days before an UST system is temporarily closed); or
(z) 20 DCMR § 6100.10 (failure to permanently close an UST system in
accordance with 20 DCMR § 6101 after an UST system has been
temporarily closed for twelve (12) months).
4008.15 In addition to §§ 4008.12, 4008.13, 4008.14, and 4008.16, violation of any of the
following provisions shall be a Class 3 infractio n:
(a) 20 DCMR § 6103.1 (failure to maintain re cords of compliance with
closure requirements in accordance with 20 DCMR § 5602);
(b) 20 DCMR § 6103.2 (failure t o properly maintain closu re assessment
results for at least ten ( 10) years after completion of permanent closure or
change-in-service);
(c) 20 DCMR § 6103.3 (failure to deliver records demonstrating comp liance
with 20 DCMR Chapter 61 to the Department after ten (10) years);
(d) 20 DCMR § 6203.14 (failure to submit initial site a ssessment report and
any applicable monthly status report within s ixty (60) days after release
confirmation, or failure to submit a wo rk plan for future site activities);
(
e) 20 DCMR § 6204.7 (failure to prepare and submit a status report on the
removal of any free product in accordance with 20 DCMR § 5500.4);
(f) 20 DCMR § 6204.8 (failure to submi t a status report within sixty (60) days
of release confirmation and then once every quarter until the Depar tment
determines the free product removal is complete);
32
(g) 20 DCMR § 6207.13 (failure to monitor, evaluate, and timely report the
results of corrective action pla n implementation);
(h) 20 DCMR § 6207.16 (failure to evaluate the effectiveness of the corr ective
action plan at the end of each year of implementation);
(i) 20 DCMR § 6210.2 (failure to maintain for at least three (3) years all
records and reports documenting the transport and disposal of wastes
generated at an UST site while the c orrective action plan is being carried
out);
(j) 20 DCMR § 6500.6 (failure of certified UST System Technician, Closure
Specialist, or Tester to carry and make available for inspection the
identification card or ce rtificate issued by t he Department at all times
while conducting the applicable U ST activity);
(k) 20 DCMR § 6500.8 (failure of business licensed to perform UST system
activities to provide list of employees who are not certified but who
perform supervised on-site UST activities);
(l) 20 DCMR § 6500.10 (failure to surre nder certification or license to the
Department within ten (10) business days after closur e or termination of a
business);
(m) 20 DCMR § 6502.3 (failure of a Class A operator to meet all req uirements
or duties, as provided under 20 DCMR § 6502.3(a) -(c));
(n) 20 DCMR § 6502.4 (failure of a Class B operator to meet all requirements
or duties, as provided under § 6502.4(a)-(c));
(o) 20 DCMR § 6502.5 (failure of a Class C operator to meet all requirements
or duties, as provided under § 6502.5(a)-(c));
(p) 20 DCMR § 6502.9 (failure to maintain requir ed list of designated
operators);
(q) 20 DCMR § 6502.10 (failure to keep a copy of the requisite
documentation on site and available for inspection at the UST facility);
(r) 2
0 DCMR § 6502.11 (failure to conspicuously post Class C operator and
owner contact in formation at unstaffed facilities);
(s) 20 DCMR § 6702.1 (failure to maintain a copy of each financial assurance
mechanism until released from financial responsibility requirements under
20 DCMR § 6700.5 or § 6700.6);
33
(t) 20 DCMR § 6702.2 ( failure to make available to the Department upon
request, records of financial assurance maintained off-site);
(u) 20 DCMR § 6702.3 (failure to maintain a copy of the appropriate
assurance instrument in the prescribed form);
(v) 20 DCMR § 6702.4 (failure to maintain a c opy of chief financial officer’s
letter of assurance when using a financial test of self-insurance or
guarantee);
(w) 20 DCMR § 6702.5 (failure to maintain a copy of signed standby trus t
fund agreement when using a guarantee, surety bond, or letter of credit );
(x) 20 DCMR § 6702.6 (fa ilure to maintain a copy of signed insurance policy
or risk retention group coverage policy and endorsement or cert ificate of
insurance);
(y) 20 DCMR § 6702.7 (failure to maintain copy of certification of financial
responsibility in prescribed form); or
(z) 20 DCMR § 6706.4 (failure to properly demonstrate to the owner within
one hundred twenty (120) days after the close of each financial reporting
year that the guarantor meets the financial t est criteria of 20 DCMR §§
6704 or 6705).
4008.16 In addition to §§ 4008.12, 4008.13, 4008.14, and 4008.15, violation of any of the
following provisions shall be a Class 3 i nfraction:
(a) 20 DCMR § 6706.5 (failure to timely notify the owner by certified mai l
before cancellation or non-r enewal of the guarantee if the guarantor fails
to meet the requirements of the financial test at the end of any financial
reporting year);
(b) 20 DCMR § 6706.6 (failure to timely notify owner by certified mail if
guarantor no longer meets the requirements of the financial test of §§ 6704
or 6705 or 6703.3);
(c) 20 DCMR § 6711.1 (failure of an owner using any of the financi al
responsibility mechanisms authorized under 20 DCMR §§ 6706, 6708, or
6709 to establish a standby trust fund when the mechanism is acquired) ;
(
d) 20 DCMR § 6711.2 (failure of a standby trust fund to have trustee with
authority to act as a trustee and whose trust operations are regulated and
examined by an agency of the federal government or the District of
Columbia);
34
(e) 20 DCMR § 6711.3 (failure of standby trust agreement or trust agreement
to be in the prescribed form and accompanied by certification of
acknowledgement in the prescribed form);
(f) 20 DCMR § 6712.1 (failure to place funds in standby trust as required by
the Department);
(g) 20 DCMR § 6712.2 (failure to place funds in standby trust as required by
the Department);
(h) 20 DCMR § 6713.1 (failure to timely replenish the value of financial
assurance or acquire another financial assurance mechanism if amount in a
standby trust is reduced below full amount of coverage required);
(i) 20 DCMR § 6714.2 (termination of guarantee, surety bond, or letter of
credit prior to one hundred twenty (120) days following own er’s receipt of
notice of termination);
(j) 20 DCMR § 6714.3 (termination of insurance or risk retention group
coverage prior to sixty (60) days following owner’s receipt of notice of
termination or, in the case of non-pa yment of premiums or
misrepresentat ion, prior to ten (10) days following owner or operator’ s
receipt of notice of termination); or
(k) 20 DCMR § 6715.2 (failure of guarantor to provide proper and timely
notification to owner of bankruptcy proceeding as required under terms of
the guarantee specified in 20 DCMR § 6706).
4008.17 Violation of any of the following provisions shall be a Class 4 infract ion:
(a) 20 DCMR § 5601.6 (failure to pos t a copy of the current UST registration
certificate in a visible location at the facility at all times); or
(b) Violation of any provision of the District of Columbia Underground Tank
Management Act of 1990, effective March 8, 1991, as amended (D.C.
Law 8-242; D.C. Official Code §§ 8-113.01 to 8-113.12), or the District of
Columbia Underground Storage Tank Regulat ions, 20 DCMR Chapters
55-67, which is not cite d elsewhere in this section, shall be a Class 4
infraction.