3651 UNDERGROUND STORAGE TANK INFRACTIONS

3651.1 Violation of any of the following provisions shall be a Class 1 infraction:

1. (a) 20 DCMR §§ 5700.1(a), 5701.1, 5701.2, or 5701.3 (installation of petroleum UST which does not meet new UST system performance standards, including cathodic protection);
2. (b) 20 DCMR §§ 5700.1(b) or (c), or 5800.1(a) or (d) (failure to properly upgrade or permanently close existing petroleum UST by December 22, 1998);
3. (c) 20 DCMR §§ 5700.3, 5702.1, 5702.2, or 5702.3 (installation of hazardous substance UST that does not meet UST system performance standards for hazardous substances including cathodic protection);
4. (d) 20 DCMR §§ 5700.3, 5700.4, or 5800.2 (failure of existing hazardous substance UST to meet required tank performance standards or permanent closure requirements by December 22, 1994);
5. (e) 20 DCMR §§ 6201.1, 6201.3, or 6201.5 (failure of responsible party to take immediate action to contain and clean up any spill or overfill);
6. (f) 20 DCMR §§ 6201.2 (failure of responsible party to report spill or overfill to Director and to Fire Chief as required);
7. (g) 20 DCMR §§ 6202.1, 6202.2, 6202.3, 6202.6, or 6212.3 (failure to notify Director and Fire Chief of release or suspected release from UST as required);
8. (h) 20 DCMR §§ 6202.7 or 6203.3 (failure to investigate and confirm suspected release in accordance with required procedures);
9. (i) 20 DCMR § 6203.2 (failure to repair, replace, or upgrade system after leak determined);
10. (j) 20 DCMR § 6203.7(a) (failure to identify and mitigate any fire, explosion or vapor hazards upon confirmation of release);
11. (k) 20 DCMR § 6203.7(b) (failure to take immediate action to prevent any further release into the environment);
12. (l) 20 DCMR § 6203.9 (failure of responsible party to empty regulated substance from UST system in the event of a suspected UST system failure);
13. (m) 20 DCMR § 6203.9(c) (failure of responsible party to monitor and mitigate hazards caused by vapors or free product in subsurface structures);
14. (n) 20 DCMR § 6203.12 (failure to investigate to determine presence of free product);
15. (o) 20 DCMR §§ 6204.1, 6204.2, or 6206.3 (failure to properly remove free product in accordance with requirements);
16. (p) 20 DCMR § 6204.3 (failure to treat, discharge, recycle or dispose of free product in accordance with law);
17. (q) 20 DCMR § 6204.5 (failure to handle flammable substances in safe manner to

prevent fire or explosion);

1. (r) 20 DCMR §§ 6205.1, 6205.2, or 6205.4(b) (failure to perform complete site assessment and submit report within time required);
2. (s) 20 DCMR §§ 6207.1, 6207.2, 6207.3, 6207.4, 6207.5 (failure to submit a corrective action plan (CAP) which meets requirements within time frame required);
3. (t) 20 DCMR § 6207.10 (failure to implement CAP within thirty (30) days of approval, or in accordance with schedule);
4. (u) 20 DCMR § 6301.3, (failure of responsible party to conduct monitoring, testing or corrective action as required);
5. (v) 20 DCMR §§ 6301.5 or 5602.1 (refusal of owner or operator or other responsible party to cooperate with inspections, monitoring or testing conducted by Director);
6. (w) 20 DCMR § 6700.10, 6700.11, or 6700.12 (failure of petroleum UST owner to demonstrate required financial responsibility for taking corrective action and compensating third parties for damages caused by accidental releases); or
7. (x) 20 DCMR § 6701.1 (failure of owner to utilize acceptable mechanism(s) to demonstrate financial responsibility).

3651.2 Violation of any of the following provisions shall be a Class 2 infraction:

1. (a) 20 DCMR §§ 5600.1, 5600.2, or 5600.3 (failure to submit notification of underground storage tank (UST) in accordance with requirements and within prescribed time period);
2. (b) 20 DCMR §§ 5602.4(d) or 6103.2 (failure to maintain records of site investigation conducted at permanent closure);
3. (c) 20 DCMR § 5602.8 (failure to maintain records for required period);
4. (d) 20 DCMR § 5603.2 (failure to provide notice to Director of date and time of installation, removal, abandonment, repair, or upgrade);
5. (e) 20 DCMR § 5604.1 (seller's failure to notify real property purchaser in writing of existence or removal of UST);
6. (f) 20 DCMR § 5700.1(c) (tank installed after December 22, 1988, and before November 12, 1993, does not meet federal new tank performance standards);
7. (g) 20 DCMR § 5700.9 (tank not properly designed and constructed in accordance with approved code of practice);
8. (h) 20 DCMR § 6004.2 (pressurized piping not equipped with automatic line leak detector);
9. (i) 20 DCMR §§ 5701.4, 5701.5, 5701.6, 5702.4, 5703.4, 5703.5, or 5703.6 secondary containment systems improperly designed, constructed, installed);

10. (j) 20 DCMR § 5703.1 (new heating oil tank does not meet performance standards including cathodic protection requirements);

11. (k) 20 DCMR §§ 5704.1, 5704.2, or 5704.3 (UST piping not properly constructed in accordance with code of practice, or not cathodically protected);

12. (l) 20 DCMR § 5704.5 (failure to secondarily contain pressurized underground piping and piping for hazardous substance USTs);
13. (m) 20 DCMR § 5706.1 (new UST system not properly installed in accordance with approved code of practice);
14. (n) 20 DCMR § 5706.2 (UST installer/installation not certified);
15. (o) 20 DCMR § 5706.4 (installation not inspected and approved by Director and Fire Chief);
16. (p) 20 DCMR § 5902.9 (failure to maintain records of each repair for operating life of repaired UST);
17. (q) 20 DCMR § 5903 (UST system incompatible with substance stored therein);
18. (r) 20 DCMR §§ 6000.1 or 6000.3 (owner/operator fails to employ an approved method of release detection);
19. (s) 20 DCMR § 6000.6 (release detection system not capable of detecting release from any portion of system as required);
20. (t) 20 DCMR § 6000.7 (failure to properly install, calibrate, operate, or maintain release detection system);
21. (u) 20 DCMR § 6002.2 (failure of owner/operator of hazardous substance UST to provide release detection which meets requirements);
22. (v) 20 DCMR § 6100.7 (failure to empty tank, open vent lines, and cap lines within ninety (90) days of temporary closure);
23. (w) 20 DCMR § 6101.4 (failure to follow accepted code of practice in meeting closure requirements);
24. (x) 20 DCMR §§ 6101.5, or 6101.8 (failure to empty tank and properly dispose of contents prior to removal or change in service);
25. (y) 20 DCMR § 6101.6 (failure to remove tank from ground or obtain variance);
26. (z) 20 DCMR § 6101.12 (failure to treat or properly dispose of excavated contaminated soils within thirty (30) days);
27. (aa) 20 DCMR § 6102.2 (failure of responsible party for out-of-service UST to comply with directive to close UST and assess the excavation zone as required);
28. (bb) 20 DCMR § 6207.6 (failure of responsible party to prepare site specific health and safety plan for on-site work in compliance with OSHA requirements);
29. (cc) 20 DCMR § 6301.6 (failure of responsible party to comply with request for submission of records, documents or information); or

(dd) Section 10(d) or (g) of the District of Columbia Underground Storage Tank Management Act of 1990, effective March 8, 1991 (D.C. Law 8-242; D.C. Official Code § 8-113.09(d) or (g)) (failure to comply with a final compliance order or final cease and desist order).

3651.3 Violation of any of the following provisions shall be a Class 3 infraction:

1. (a) 20 DCMR §§ 5600.2 or 5600.7 (failure to include required information on notification form or to update as required);
2. (b) 20 DCMR §§ 5601.2, 5601.5, 5601.10 (failure to register UST or to renew registration);
3. (c) 20 DCMR §§ 5601.12 or 5601.14 (deposit of regulated substance in unregistered UST);
4. (d) 20 DCMR §§ 5601.13 or 5601.14 (dispensing regulated substance from unregistered UST);
5. (e) 20 DCMR § 5603.1 (failure to submit written notice to Director of installation, removal, abandonment, repair, or upgrade of UST five (5) business days in advance);
6. (f) 20 DCMR § 5603.3 (failure to provide notice to Director and Fire Chief of emergency removal or repair);
7. (g) 20 DCMR § 5603.4 (failure to obtain UST Branch approval of plans and specifications for UST installation or upgrade);
8. (h) 20 DCMR §§ 5603.6 or 5603.7 (failure to provide timely notice of tightness test to Director and Fire Chief);
9. (i) 20 DCMR § 5803 (failure of owner or operator to use required spill and overfill prevention equipment);
10. (j) 20 DCMR § 5706.5 (failure to perform precision test upon installation of UST as required);
11. (k) 20 DCMR §§ 5801.2, 5801.3 (failure to properly install or periodically inspect internal lining);
12. (l) 20 DCMR § 5801.5 (UST not properly upgraded by cathodic protection);
13. (m) 20 DCMR § 5802.1 (failure to upgrade metal piping with required cathodic protection);
14. (n) 20 DCMR § 5900 (failure to comply with spill and overfill control requirements);
15. (o) 20 DCMR § 5901 or 5704.1 (failure to comply with operation and maintenance requirements for UST system corrosion protection to prevent releases);
16. (p) 20 DCMR §§ 5902.1 or 5902.2 (failure of owner or operator to use proper techniques, materials for repairs and to follow

code of practice);

(q) 20 DCMR § 6000.9 (manufacturer/installer performance claims not in writing or incomplete);

(r) 20 DCMR § 6000.10 (release detection system not capable of accurately detecting leak rate);

(s) 20 DCMR § 6001.1 (failure of owner/operator to maintain required records);

(t) 20 DCMR § 6003.3 (failure to monitor tank every thirty (30) days for release as required);

(u) 20 DCMR § 6003.5 (secondary containment system not checked for release every thirty (30) days);

(v) 20 DCMR §§ 6004.1, 6004.3, or 6004.4 (failure of owner or operator of petroleum UST to regularly monitor underground piping as required for release);

(w) 20 DCMR § 6005.1 (failure to perform monthly product inventory control);

(x) 20 DCMR § 6006 (failure to follow proper procedures for manual tank gauging);

(y) 20 DCMR § 6007 (failure to conduct proper tank tightness testing);

(z) 20 DCMR § 6008 (automatic tank gauging does not meet requirements);

(aa) 20 DCMR § 6009 (vapor monitoring method does not meet requirements);

(bb) 20 DCMR § 6010 (ground-water monitoring does not meet requirements);

(cc) 20 DCMR § 6011 (interstitial monitoring does not meet requirements);

(dd) 20 DCMR § 6012 (alternative method of release detection does not meet performance requirements);

(ee) 20 DCMR §§ 6004.2 and 6004.5 (failure of release detection for petroleum UST piping to meet performance requirements);

(ff) 20 DCMR § 6100.4 (failure to notify Director and Fire Chief of temporary closure of UST within seven (7) days);

(gg) 20 DCMR § 6100.8 (failure to permanently close UST within twelve (12) months after temporary

closure);(hh) 20 DCMR § 6101.3 (failure to notify Director and Fire Chief of permanent closure or change in service);(ii) 20 DCMR § 6101.8 (failure to fill tank with inert solid material when variance granted);(jj) 20 DCMR §§ 6101.9 or 6101.15 (failure to conduct site assessment of excavation zone before permanent closure or change in service);(kk) 20 DCMR § 6203.7(d) (failure to notify Director and Fire Chief of confirmation of release);(ll) 20 DCMR § 6206.6 (failure to submit free product removal report);(mm) 20 DCMR §§ 6205.3 or 6207.5 (failure to prepare and follow site-specific Quality Assurance/Quality Control plan prior to conducting site activities for site assessment or corrective action);(nn) 20 DCMR § 6207.10 (initiation of remediation without notifying Director, complying with conditions imposed by Director);(oo) 20 DCMR § 6207.12 (failure to monitor, evaluate, and report results of implementing CAP in accordance with required schedule);(pp) 20 DCMR § 6207.15 (failure to submit one-year evaluation of CAP effectiveness);(qq) 20 DCMR § 6207.16 (failure of responsible party to remove equipment and ensure that wells are closed down, removed, grouted and sealed);(rr) 20 DCMR §§ 6701.7, 6702.9, or 6715.4 (failure of owner to obtain and submit current evidence of financial responsibility to Director within thirty (30) days after owner receives notice of incapacity of assurance provider);(ss) 20 DCMR §§ 6702.1 through 6702.7 (failure of owner to maintain records of financial assurance mechanisms as required);(tt) 20 DCMR § 6702.8 (failure of owner to submit evidence of financial responsibility to Director within thirty (30) days after identifying a release from UST);(uu) 20 DCMR §§ 6706.4, 6706.5, 6706.6, or 6715.2

(failure of guarantor to meet financial test criteria and send required notices to owner);

(vv) 20 DCMR §§ 6703.6, 6714.6, or 6715.5 (failure of owner to notify Director of failure to obtain alternate assurance);

(ww) 20 DCMR § 6714.2 or 6714.3 (termination of financial assurance mechanism without proper notice to owner); or

(xx) 20 DCMR § 6715.1 (failure to notify the Director of bankruptcy).

3651.4 Violation of any of the following provisions shall be a Class 4 infraction:

(a) 20 DCMR § 5600.9 (failure to file notification with Director after purchase of existing UST);

(b) 20 DCMR § 5600.13 (failure to ensure that installer certifies proper installation);

(c) 20 DCMR § 5601.15 (failure to notify UST owner or lessee of notification requirements);

(d) 20 DCMR § 5601.11 (no registration certificate available for inspection);

(e) 20 DCMR § 5601.15 (failure to notify UST purchaser or registration requirements);

(f) 20 DCMR § 5602.5 (records unavailable for inspection at UST site);

(g) 20 DCMR § 5602.6 (records not readily available for inspection);

(h) 20 DCMR § 5602.7 (failure to deliver closure records to Director when required);

(i) 20 DCMR § 6700.8 or 6702.10 (failure to file Certification of Financial Responsibility within required time); or

3651.5 Violation of any provision of the District of Columbia Underground Tank Management Act of 1990, effective March 8, 1991 (D.C. Law 8-242, as amended; D.C. Official Code §§ 8-113.01 to 8-113.12), or the D.C. Underground Storage Tank Regulations, 20 DCMR, Chapters 55-67, which is not cited elsewhere in this section, shall be a Class 4 infraction.

SOURCE: Final Rulemaking published at 52 DCR 5066 (May 27, 2005).