3652 HAZARDOUS WASTE INFRACTIONS

3652.1 Violation of any of the following provisions shall be a Class 1 infraction:

1. (a) 20 DCMR § 4202.2 (unlawful disposal of hazardous waste or used oil);
2. (b) 20 DCMR §§ 4202.3(a) or 4279.6(a) (use of a surface impoundment for treatment, storage, or disposal of hazardous waste or used oil);
3. (c) 20 DCMR §§ 4202.2(b) or 4279.6(a) (use of waste piles to treat or store hazardous waste or used oil);
4. (d) 20 DCMR § 4202.3(c) (use of land treatment to manage or dispose of hazardous waste);
5. (e) 20 DCMR § 4202.3(d) (use of landfills for hazardous waste disposal);
6. (f) 20 DCMR § 4202.3(e) (land disposal of hazardous waste or any mixture of hazardous waste and any other constituent, whether hazardous or not);
7. (g) 20 DCMR § 4202.3(f) or 4279.6(b) (use of used oil for dust suppression);
8. (h) 20 DCMR § 4202.3(g) (use of waste or other material, contaminated or mixed with dioxin or any other hazardous waste, for dust suppression or road treatment);
9. (i) 20 DCMR § 4202.3(h) (burning, processing, or incineration of hazardous waste, hazardous waste fuels, or mixtures of hazardous wastes and other materials in any type of incinerator, boiler, or industrial furnace);
10. (j) 20 DCMR §§ 4202.3(i) or 4279.6(c) (burning used oil, whether on-specification or off-specification);
11. (k) 20 DCMR § 4202.3(j) (burning of wastes that meet the comparable fuel or synthesis gas (syngas) fuel specifications);
12. (l) 20 DCMR § 4202.3(k) (underground injection of hazardous waste);
13. (m) 20 DCMR § 4262.1 (which incorporates 40 CFR § 262.11 by reference), (failure of person who generates a solid waste to determine if the waste is a hazardous waste);
14. (n) 20 DCMR § 4262.1 (which incorporates 40 CFR § 262.12 by reference), (failure of generator to obtain EPA identification number before treating, storing, disposing, transporting, or offering for transportation hazardous waste);
15. (o) 20 DCMR § 4263.1, (which incorporates 40 CFR § 263.11 by reference), (failure of transporter to obtain EPA identification number before transporting hazardous waste);
16. (p) 20 DCMR § 4263.2 (transporter storing manifested shipments of hazardous waste at a transfer facility without a RCRA permit);

17. (q) 20 DCMR § 4263.1 (which incorporates 40 CFR § 263.21 by reference), (failure of transporter to deliver entire quantity of hazardous waste to designated facility, alternate designated facility, next designated transporter, or a place outside the United States; or to contact generator for further directions);

18. (r) 20 DCMR § 4263.1 (which incorporates 40 CFR § 263.30(a) by reference), (failure of transporter to take immediate action to protect human health or the environment in the event of discharge during transport);

19. (s) 20 DCMR § 4263.1 (which incorporates 40 CFR § 263.30(c) and (d) by reference), (failure of transporter to comply with discharge notification and reporting requirements);
20. (t) 20 DCMR § 4263.1 (which incorporates 40 CFR § 263.31 by reference), (failure of transporter to cleanup any hazardous waste discharge, or to take required or approved response action);
21. (u) 20 DCMR § 4264.1 (which incorporates 40 CFR § 264.1(j)(1) by reference), (failure of owner or operator of remediation waste management site to obtain EPA identification number);
22. (v) 20 DCMR § 4264.1 (which incorporates 40 CFR § 264.1(j)(3) by reference), (failure of owner or operator of remediation waste management site to control access to the site);
23. (w) 20 DCMR § 4264.1 (which incorporates 40 CFR § 264.1(j)(4) by reference), (failure of owner or operator of remediation waste management site to inspect site);
24. (x) 20 DCMR § 4264.1 (which incorporates 40 CFR § 264.1(j)(6) by reference), (failure of owner or operator of remediation waste management site to take precautions with respect to ignitable, reactive, and incompatible wastes);
25. (y) 20 DCMR § 4264.1 (which incorporates 40 CFR § 264.1(j)(7) by reference), (failure of owner or operator of remediation waste management site to meet design, construction, operation, or maintenance requirements for units located within a one hundred-year (100-year) floodplain);
26. (z) 20 DCMR § 4264.1 (which incorporates 40 CFR § 264.1(j)(10) by reference), (failure of owner or operator of remediation waste management site to develop and maintain procedures to prevent accidents or develop and maintain a contingency and emergency plan);
27. (aa) 20 DCMR § 4264.1 (which incorporates 40 CFR § 264.1(j)(11) by reference), (failure of owner or operator of remediation waste management site to designate employee to coordinate emergency response measures);
28. (bb) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.11 or 265.11 by reference), (failure of owner or operator to obtain EPA identification number);
29. (cc) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.14(a) or (b) or 265.14(a) or (b) by reference), (failure of owner or operator to control access to active portion of facility);
30. (dd) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.15(a) or 265.15(a) by reference), (failure of owner or operator to inspect facility);
31. (ee) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.17 or 265.17 by reference), (failure of owner or operator to take precautions to

prevent accidental ignition or reaction of ignitable or reactive waste);(ff) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.56 or 265.56 by reference), (failure of owner or operator to follow required emergency procedures);(gg) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.73 or 265.73 by reference), (failure of owner or operator to comply with operating record requirements);(hh) 20 DCMR §§ 4264.1 and 4265.1 (which incorporate 40 CFR §§ 264.74 or 265.74 by reference), (failure of owner or operator to furnish records upon request and make records available for inspection);(ii) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.111 or 265.111 by reference), (failure of owner or operator to comply with closure performance standard);(jj) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.114 or 265.114 by reference), (failure of owner or operator to properly dispose of or decontaminate equipment, structures, or soils);(kk) 20 DCMR § 4270.1 (which incorporates 40 CFR § 270.1(c) by reference), (failure to have required RCRA permit);(ll) 20 DCMR § 4270.1 (which incorporates 40 CFR § 270.10(f) by reference), (physical construction of hazardous waste management facility without finally effective RCRA permit);(mm) 20 DCMR §§ 4273.1 or 4273.2 (failure of universal waste handler to submit written notification of universal waste management before generating universal waste or receiving universal waste from other universal waste handlers);(nn) 20 DCMR § 4273.1 (which incorporates 40 CFR §§ 273.11(a) or 273.31(a) by reference), (universal waste handler prohibited from disposing of universal waste);(oo) 20 DCMR § 4273.1 (which incorporates 40 CFR §§ 273.11(b) or 273.31(b) by reference), (universal waste handler prohibited from diluting or treating universal waste);(pp) 20 DCMR § 4273.1 (which incorporates 40 CFR §§ 273.13(a) or 273.33(a) by reference), (failure of universal waste handler to manage universal waste batteries in a way that prevents releases to the environment);(qq) 20 DCMR § 4273.1 (which incorporates 40 CFR §§ 273.13(b) or 273.33(b) by reference), (failure of universal waste handler to manage universal waste pesticides in a way that prevents releases to the environment);(rr) 20 DCMR § 4273.1 (which incorporates 40 CFR §§ 273.13(c) or 273.33(c) by reference), (failure of universal waste handler to manage universal waste thermostats in a way that prevents releases to the environment);

1. (ss) 20 DCMR § 4273.1 (which incorporates 40 CFR §§ 273.13(d) or 273.33(d) by reference), (failure of universal waste handler to manage universal waste lamps in a way that prevents releases to the environment);
2. (tt) 20 DCMR § 4273.1 (which incorporates 40 CFR §§ 273.18(a) or 273.38(a) by reference), (failure of universal waste handler to send or take universal waste to a place other than another universal waste handler, a destination facility, or foreign destination);
3. (uu) 20 DCMR § 4273.1 (which incorporates 40 CFR § 273.51(a) by reference), (universal waste transporter prohibited from disposing of universal waste);
4. (vv) 20 DCMR § 4273.1 (which incorporates 40 CFR § 273.51(b) by reference), (universal waste transporter prohibited from diluting or treating universal waste);
5. (ww) 20 DCMR § 4273.1 (which incorporates 40 CFR § 273.54(a) by reference), (failure of universal waste transporter to immediately contain release of universal waste or other residues from universal waste);
6. (xx) 20 DCMR § 4273.1 (which incorporates 40 CFR § 273.55(a) by reference), (universal waste transporter transporting universal waste to a place other than a universal waste handler, destination facility, or foreign destination);
7. (yy) 20 DCMR § 4273.1 (which incorporates 40 CFR § 273.60(a) by reference), (failure of owner or operator of destination facility to comply with notification requirements and permitting requirements of 40 CFR Part 270);
8. (zz) 20 DCMR § 4273.1 (which incorporates 40 CFR § 273.61(a) by reference), (owner or operator of destination facility sending or taking universal waste to a place other than a universal waste handler, another destination facility, or foreign destination);
9. (aaa) 20 DCMR § 4273.1 (which incorporates 40 CFR § 273.61(b) by reference), (failure of owner or operator of destination facility to comply with requirements for rejected shipments);
10. (bbb) 20 DCMR § 4279.1 (which incorporates 40 CFR §§ 279.22(d), 279.43(c), 279.45(h), or 279.54(g) by reference), (failure to respond to release or discharge of used oil);
11. (ccc) 20 DCMR § 4279.1 (which incorporates 40 CFR § 279.42 by reference), (failure of transporter to obtain EPA identification number before engaging in used oil activity);
12. (ddd) Section 6(c)(15) of the Solid Waste Facility Permit Act of 1995, effective February 27, 1996, as amended (D.C. Law 11-94; D.C. Official Code § 8-1055(c)(15)) (failure of owner or operator of solid waste facility to develop and submit to the Department an inspection, monitoring, and

control plan to detect and prevent handling of hazardous, infectious, or radioactive wastes);

(eee) Section 6(c)(16) of the Solid Waste Facility Permit Act of 1995 (D.C. Official Code § 8-1055(c)(16)) (failure of owner or operator of solid waste facility to secure shipment containing hazardous, infectious, or radioactive waste);

(fff) Section 6(c)(17) of the Solid Waste Facility Permit Act of 1995 (D.C. Official Code § 8-1055(c)(17)) (failure of owner or operator of solid waste facility to properly dispose of hazardous, infectious, or radioactive waste); or

(ggg) 20 DCMR §§ 4305.2 and 4305.3 (failure or refusal to conduct monitoring or testing or to take response or corrective measures as directed in a Notice of Violation, Threat, or Release);

3652.2 Violation of any of the following provisions shall be a Class 2 infraction:

(a) 20 DCMR § 4262.1 (which incorporates 40 CFR § 262.12(c) by reference), (generator offering hazardous waste to transporter or treatment, storage, or disposal facility that has not received an EPA identification number);

(b) 20 DCMR § 4262.1 (which incorporates 40 CFR § 262.20(b) by reference), (failure of generator to designate a facility that is permitted to handle the waste described on the manifest);

(c) 20 DCMR § 4262.1 (which incorporates 40 CFR § 262.20(d) by reference), (failure of generator to designate alternate facility or instruct transporter to return waste, if transporter is unable to deliver the hazardous waste to designated facility);

(d) 20 DCMR § 4262.1 (which incorporates 40 CFR § 262.23 by reference), (failure of generator to comply with requirements for use of manifest);

(e) 20 DCMR § 4262.1 (which incorporates 40 CFR § 262.30 by reference), (failure of generator to package hazardous waste in accordance with DOT regulations);

(f) 20 DCMR § 4262.1 (which incorporates 40 CFR § 262.31 by reference) (failure of generator to label hazardous waste in accordance with DOT regulations);

(g) 20 DCMR § 4262.1 (which incorporates 40 CFR § 262.32 by reference), (failure of generator to mark hazardous waste in accordance with DOT regulations);

(h) 20 DCMR § 4262.1 (which incorporates 40 CFR § 262.33 by reference), (failure of generator to placard hazardous waste or to offer the initial transporter the appropriate placards in accordance with DOT regulations);

(i) 20 DCMR §§ 4262.1 and 4262.4 (which incorporate 40 CFR § 262.34 by reference, subject to modification), (accumulation of hazardous waste by generator for more than ninety (90) days, or for more than the time periods specified in 40 CFR § 262.34(d), (e), or (f));

(j) 20 DCMR §§ 4262.1 and 4262.4 (which incorporate 40 CFR § 262.34(a)(2) by reference, subject to modification), (failure by generator to clearly mark accumulation start date on each container);

1. (k) 20 DCMR § 4262.1 (which incorporates 40 CFR § 262.34(a)(3) by reference), (accumulation of hazardous waste without labeling or marking container or tank with the words 'hazardous waste');
2. (l) 20 DCMR § 4262.1 (which incorporates 40 CFR § 262.34(a)(4) by reference), (accumulation of hazardous waste without meeting requirements of 40 CFR Part 265, subparts C and D; § 265.16; or § 268.7(a)(5));
3. (m) 20 DCMR § 4262.1 (which incorporates 40 CFR § 262.41 by reference), (failure to submit biennial report by March 1st of each even-numbered year);
4. (n) 20 DCMR § 4263.1 (which incorporates 40 CFR § 263.20(a) by reference), (acceptance of hazardous waste by transporter without a properly signed manifest; or, for exports, an EPA Acknowledgement of Consent or tracking document, as applicable);
5. (o) 20 DCMR § 4263.1 (which incorporates 40 CFR § 263.20(b) by reference), (failure of transporter to sign and date manifest and return signed copy of the manifest to generator before leaving the generator's property);
6. (p) 20 DCMR § 4263.1 (which incorporates 40 CFR § 263.20(c) by reference), (failure of transporter to ensure that manifest, or for exports, EPA Acknowledgement of Consent or tracking document, as applicable, accompanies the hazardous waste);
7. (q) 20 DCMR § 4263.1 (which incorporates 40 CFR § 263.20(f) by reference), (failure of initial rail transporter to meet manifest requirements);
8. (r) 20 DCMR § 4263.1 (which incorporates 40 CFR § 263.20(g) by reference), (failure of transporter who transports hazardous waste outside of United States to meet manifest requirements);
9. (s) 20 DCMR § 4263.1 (which incorporates 40 CFR § 263.22 by reference), (failure of transporter to maintain copies of manifest and shipping papers, as required);
10. (t) 20 DCMR § 4264.1 (which incorporates 40 CFR § 264.1(j)(5) by reference), (failure of owner or operator of remediation waste management site to provide personnel with required training);
11. (u) 20 DCMR § 4264.1 (which incorporates 40 CFR § 264.1(j)(12) by reference), (failure of owner or operator of remediation waste management site to develop, maintain, and implement a plan to meet the requirements in 40 CFR § 264.1(j)(2) through (j)(6) and (j)(9) through (j)(10));
12. (v) 20 DCMR § 4264.1 (which incorporates 40 CFR § 264.1(j)(13) by reference), (failure of owner or operator of remediation waste management site to maintain records documenting compliance with 40 CFR § 264.1(j)(1) through (j)(12));
13. (w) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.14(c) or 265.14(c) by reference), (failure of owner or operator to post required warning sign(s));

14. (x) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.15(d) or 265.15(d) by reference), (failure of owner or operator to record inspections in an inspection log or summary, as required, or to retain records for three (3) years from the date of the inspection);

15. (y) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.16 or 265.16 by reference), (failure of owner or operator to ensure that facility personnel successfully complete required training or instruction program);

16. (z) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.32 or 265.32 by reference), (failure of owner or operator to equip facility as required);
17. (aa) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.33 or 265.33 by reference), (failure of owner or operator to test and maintain required equipment);
18. (bb) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.34 or 265.34 by reference), (failure of owner or operator to provide required access to communications or alarm systems);
19. (cc) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.35 or 265.35 by reference), (failure of owner or operator to maintain required aisle space);
20. (dd) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.51 or 265.51 by reference), (failure of owner or operator to have a facility contingency plan);
21. (ee) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.56 or 265.56 by reference), (failure of owner or operator to follow required emergency procedures);
22. (ff) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.71 or 265.71 by reference), (failure of owner or operator to comply with manifest system requirements);
23. (gg) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.75 or 265.75 by reference), (failure of owner or operator to submit a completed biennial report to the Director by March 1 of each even-numbered year);
24. (hh) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.76 or 265.76 by reference), (failure of owner or operator to submit unmanifested waste report to Director within fifteen (15) days of receiving the waste);
25. (ii) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.77 or 265.77 by reference), (failure of owner or operator to submit to the Director required additional reports);
26. (jj) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.117 or 265.117 by reference), (failure of owner or operator to comply with requirements for post-closure care and use of property);
27. (kk) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.171 or 265.171 by reference), (failure of owner or operator to transfer hazardous waste from a container that is not in good condition);
28. (ll) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.196 or 265.196 by reference), (failure of owner or operator of tank system to

comply with requirements for response to leaks or spills or disposition of tank systems or secondary containment systems that are unfit for use);(mm) 20 DCMR § 4266.1 (which incorporates 40 CFR § 266.70(b)(1) by reference), (failure of person who generates, transports, or stores recyclable materials utilized for precious metal recovery to comply with notification requirements under § 3010 of RCRA);(nn) 20 DCMR § 4266.1 (which incorporates 40 CFR § 266.70(c) by reference), (failure of persons who store recycled materials utilized for precious metal recovery to comply with recordkeeping requirements);(oo) 20 DCMR § 4266.1 (which incorporates 40 CFR § 266.80(b)(1)(i) and (2)(i) by reference), (failure of owner or operator of facility that stores spent lead-acid batteries before reclaiming them, but that does not reclaim them through regeneration, to comply with notification requirements under § 3010 of RCRA);(pp) 20 DCMR § 4273.1 (which incorporates 40 CFR §§ 273.14 and 273.34 by reference), (failure of universal waste handler to label or mark a universal waste to identify the type of universal waste);(qq) 20 DCMR § 4273.1 (which incorporates 40 CFR §§ 273.15 or 273.35 by reference), (accumulation by universal waste handler of a universal waste for longer than one (1) year without meeting requirements for extension of time);(rr) 20 DCMR § 4273.1 (which incorporates 40 CFR §§ 273.17(a) or 273.37(a) reference), (failure of universal waste handler to immediately contain all releases);(ss) 20 DCMR § 4273.1 (which incorporates 40 CFR § 273.39(a) by reference), (failure of large quantity universal waste handler to keep a record of universal waste shipments received at a facility);(tt) 20 DCMR § 4273.1 (which incorporates 40 CFR § 273.39(b) by reference), (failure of large quantity universal waste handler to keep a record of universal waste shipments sent from the handler to other facilities);(uu) 20 DCMR § 4273.1 (which incorporates 40 CFR § 273.39(c) by reference), (failure of large quantity universal waste handler to comply with record retention requirements);(vv) 20 DCMR § 4273.1 (which incorporates 40 CFR § 273.61(c) by reference), (failure of owner or operator of destination facility to immediately notify the Department of illegal shipments);(ww) 20 DCMR § 4273.1 (which incorporates 40 CFR § 273.62(a) by reference), (failure of owner or operator of destination facility to keep a record of universal waste shipments received at the facility);(xx) 20 DCMR § 4273.1 (which incorporates 40 CFR § 273.62(b) by reference), (failure of owner or operator of destination facility to comply with record retention requirements);

1. (yy) 20 DCMR § 4279.1 (which incorporates 40 CFR § 279.22(a) by reference), (storage of used oil in units other than tanks, containers, or units subject to regulation under 40 CFR Parts 264 or 265);
2. (zz) 20 DCMR § 4279.19 (which incorporates 40 CFR § 279.22(b) by reference), subject to modification in 20 DCMR § 4279, (failure to comply with requirements for containers and aboveground tanks used to store used oil);
3. (aaa) 20 DCMR § 4279.1 (which incorporates 40 CFR § 279.22(c) by reference), (failure to clearly label or mark container, tank, or fill pipe with the words 'used oil');
4. (bbb) 20 DCMR § 4279.1 (which incorporates 40 CFR § 279.24 by reference), (failure of used oil generator to ensure that used oil is transported by transporter that has obtained an EPA identification number);
5. (ccc) 20 DCMR § 4279.1 (which incorporates 40 CFR § 279.43(a) by reference), (failure of used oil transporter to deliver all used oil received to specified facilities);
6. (ddd) 20 DCMR § 4279.1 (which incorporates 40 CFR § 279.43(b) by reference), (failure of used oil transporter to comply with applicable DOT requirements);
7. (eee) 20 DCMR § 4279.1 (which incorporates 40 CFR § 279.45(b) by reference), (owner or operator of used oil transfer facility storing used oil in units other than containers, tanks, or other units subject to regulation under 40 CFR Parts 264 or 265);
8. (fff) 20 DCMR § 4279.1 (which incorporates 40 CFR § 279.45(c) by reference), (failure of owner or operator of used oil transfer facility to comply with requirements for containers and aboveground tanks used to store used oil);
9. (ggg) 20 DCMR § 4279.1 (which incorporates 40 CFR § 279.45(d), (e), or (f) by reference), (failure of owner or operator of used oil transfer facility to meet requirements for secondary containment for containers or tanks);
10. (hhh) 20 DCMR § 4279.1 (which incorporates 40 CFR § 279.45(g) by reference), (failure of owner or operator of used oil transfer facility to clearly label or mark containers, tanks, or fill pipes with the words 'used oil');
11. (iii) 20 DCMR § 4279.1 (which incorporates 40 CFR § 279.46 by reference), (failure of used oil transporter to comply with tracking or record retention requirements);
12. (jjj) 20 DCMR § 4279.1 (which incorporates 40 CFR § 279.51(a) by reference), (failure of used oil processor or re-refiner to obtain EPA identification number before engaging in used oil activity);

(kkk) 20 DCMR § 4279.1 (which incorporates 40 CFR § 279.52 by reference), (failure of used oil processor or re-refiner to comply with general facility standards);

(lll) 20 DCMR § 4279.1 (which incorporates 40 CFR § 279.54 by reference), (failure of used oil processor or re-refiner to comply with used oil management standards);

(mmm) 20 DCMR § 4279.1 (which incorporates 40 CFR § 279.56 by reference), (failure of used oil processor or re-refiner to comply with tracking or record retention requirements);

(nnn) 20 DCMR § 4279.1 (which incorporates 40 CFR § 279.57 by reference), (failure of used oil processor or re-refiner to comply with operating record and reporting requirements);

(ooo) 20 DCMR § 4279.1 (which incorporates 40 CFR § 279.58 by reference), (failure of used oil processor or re-refiner to use a used oil transporter who has obtained an EPA identification number to ship used oil off-site);

(ppp) 20 DCMR § 4279.1 (which incorporates 40 CFR § 279.71 by reference), (used oil fuel marketer initiating shipment of off-specification used oil in violation of the prohibitions in 40 CFR § 279.71);

(qqq) 20 DCMR § 4279.1 (which incorporates 40 CFR § 279.72(b) by reference), (failure of used oil generator, transporter, or processor/re-refiner to comply with record retention requirements);

(rrr) 20 DCMR § 4279.1 (which incorporates 40 CFR § 279.73(a) by reference), (failure of used oil fuel marketer to obtain EPA identification number);

(sss) 20 DCMR § 4279.1 (which incorporates 40 CFR § 279.74 by reference), (failure of used oil fuel marketer to comply with tracking requirements);

(ttt) 20 DCMR § 4279.1 (which incorporates 40 CFR § 279.75 by reference), (failure of used oil generator, transporter, or processor/re-refiner to obtain burner certification); or

(uuu) Section 6(c)(16) of the Solid Waste Facility Permit Act of 1995 (D.C. Official Code § 8-1055(c)(16)) (failure of owner or operator of solid waste facility to immediately notify the Department and detain shipment to allow for inspection by the Department, if incoming shipments are found to contain hazardous, infectious, or radioactive wastes).

3652.3 Violation of any of the following provisions shall be a Class 3 infraction:

(a) 20 DCMR § 4206.1 (failure to retain records on-site);

(b) 20 DCMR § 4261.7(a) (failure of conditionally exempt small quantity generator to comply with the notice requirements of § 3010 of RCRA);

1. (c) 20 DCMR § 4261.1 (which incorporates 40 CFR § 261.4(e) by reference), (failure of generator or sample collector to comply with requirements for the proper labeling and packaging of treatability study samples);
2. (d) 20 DCMR § 4262.1 (which incorporates 40 CFR § 262.40(b) by reference), (failure of generator to keep a copy of each biennial report and exception report for the required period of time);
3. (e) 20 DCMR § 4262.1 (which incorporates 40 CFR § 262.40(c) by reference), (failure of generator to keep records of test results or waste analyses for the required period of time);
4. (f) 20 DCMR § 4262.1 (which incorporates 40 CFR § 262.42(a)(1) by reference), (failure of large quantity generator to contact transporter or owner or operator of treatment, storage, or disposal facility if generator does not receive properly signed copy of manifest within thirty-five (35) days);
5. (g) 20 DCMR § 4262.1 (which incorporates 40 CFR § 262.42(a)(2) by reference), (failure of large quantity generator to submit required exception report);
6. (h) 20 DCMR § 4262.1 (which incorporates 40 CFR § 262.42(b) by reference), (failure of generator of greater than one hundred (100) kilograms but less than one thousand (1000) kilograms of hazardous waste in a calendar month to comply with requirements for exception reporting);
7. (i) 20 DCMR §§ 4262.1 and 4262.5 (which incorporate 40 CFR § 262.43 by reference), (failure of generator to submit reports required by the Director regarding quantities and disposition of waste);
8. (j) 20 DCMR § 4263.1 (which incorporates 40 CFR § 263.20(d) by reference), (failure of transporter to obtain date of delivery and required signature on manifest, and to keep and deliver appropriate copies);
9. (k) 20 DCMR § 4263.3 (transporter parking a vacuum or pump truck or tanker containing hazardous waste at a transfer facility or at any other location in the District of Columbia for more than twenty-four (24) hours);
10. (l) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.172 or 265.172 by reference), (failure of owner or operator to use a container that will not react with, or otherwise be incompatible with, the waste to be stored);
11. (m) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.173 or 265.173 by reference), (failure of owner or operator to properly manage containers);
12. (n) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.174 or 265.174 by reference), (failure of owner or operator to inspect areas where containers are stored);
13. (o) 20 DCMR §§ 4264.1 and 4265.7 (which incorporate 40 CFR § 264.175 by reference), (failure of owner or operator to design or operate containment system in accordance with the requirements of 40 CFR § 264.175);
14. (p) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.176 and 265.176 by reference), (failure of owner or operator to place containers holding ignitable or reactive waste required distance from property line);
15. (q) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.177 or 265.177 by reference),

reference), (failure of owner or operator to comply with special requirements for incompatible wastes and materials);

1. (r) 20 DCMR §§ 4264.1 and 4265.7 (which incorporate 40 CFR § 264.178, by reference), (failure of owner or operator storing containers of hazardous waste to comply with closure standards in 40 CFR § 264.178);
2. (s) 20 DCMR §§ 4264.1 and 4264.8(c) or §§ 4265.1 and 4265.8(c), respectively (which incorporate 40 CFR §§ 264.193 or 265.193 by reference), (failure of owner or operator of tank system to provide secondary containment);
3. (t) 20 DCMR §§ 4264.1 and 4265.1 (which incorporate 40 CFR §§ 264.194 or 265.194 by reference), (failure of owner or operator of tank system to comply with general operating requirements);
4. (u) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.195 or 265.195 by reference), (failure of owner or operator of tank system to perform required inspections);
5. (v) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.197 or 265.197 by reference), (failure of owner or operator of tank system to perform required closure or post-closure care);
6. (w) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.198 or 265.198 by reference), (failure of owner or operator of tank system to comply with special requirements for ignitable or reactive wastes);
7. (x) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.199 or 265.199 by reference), (failure of owner or operator of tank system to comply with special requirements for incompatible wastes or incompatible wastes and materials);
8. (y) 20 DCMR § 4265.1 (which incorporates 40 CFR § 265.201 by reference), (failure of generator of between one hundred (100) and one thousand (1,000) kilograms per month that accumulates hazardous waste in tanks to comply with the special requirements in 40 CFR § 265.201);
9. (z) 20 DCMR § 4265.1 (which incorporates 40 CFR § 265.373 by reference), (failure of owner or operator to comply with general operating requirements for thermal treatment);
10. (aa) 20 DCMR § 4265.1 (which incorporates 40 CFR § 265.377 by reference), (failure of owner or operator to comply with monitoring and inspection requirements when thermally treating hazardous waste);
11. (bb) 20 DCMR § 4265.1 (which incorporates 40 CFR § 265.381 by reference), (failure of owner or operator at closure to remove all hazardous waste and hazardous waste residues from thermal treatment process or equipment);
12. (cc) 20 DCMR § 4265.1 (which incorporates 40 CFR § 265.401 by reference), (failure of owner or operator of facility that treats hazardous waste by chemical, physical, or biological methods to comply with general operating requirements);
13. (dd) 20 DCMR § 4265.1 (which incorporates 40 CFR § 265.403 by reference), (failure of owner or operator of facility that treats hazardous

waste by chemical, physical, or biological methods to comply with inspection requirements);(ee) 20 DCMR § 4265.1 (which incorporates 40 CFR § 265.404 by reference), (failure of owner or operator of facility that treats hazardous waste by chemical, physical, or biological methods, at closure, to remove all hazardous waste and hazardous waste residues);(ff) 20 DCMR § 4265.1 (which incorporates 40 CFR § 265.405 by reference), (failure of owner or operator of facility that treats hazardous waste by chemical, physical, or biological methods, to comply with special requirements for ignitable or reactive waste);(gg) 20 DCMR § 4265.1 (which incorporates 40 CFR § 265.406 by reference), (failure of owner or operator of facility that treats hazardous waste by chemical, physical, or biological methods to comply with special requirements for incompatible wastes or incompatible wastes and materials);(hh) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.573 or 265.443 by reference), (failure of owner or operator of drip pad to comply with design or operating requirements);(ii) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.575 or 265.445 by reference), (failure of owner or operator of drip pad to comply with closure standards);(jj) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.1101 or 265.1101 by reference), (failure of owner or operator of containment building to comply with design or operating standards);(kk) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.1102 or 265.1102 by reference) (failure of owner or operator of containment building to comply with the standards for closure or post-closure care);(ll) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.1201 or 265.1201 by reference), (failure of owner or operator who stores munitions or explosive hazardous wastes to comply with the design and operating standards);(mm) 20 DCMR §§ 4264.1 or 4265.1 (which incorporate 40 CFR §§ 264.1202 or 265.1202 by reference), (failure of owner or operator who stores munitions or explosive hazardous waste to comply with the standards for closure or post-closure care);(nn) Section 6(c)(17) of the Solid Waste Facility Permit Act of 1995 (D.C. Official Code § 8-1055(c)(17)) (owner or operator of solid waste facility allowing hazardous, infectious, or radioactive waste to remain on-site for more than twenty-four (24) hours);(oo) Section 6(c)(18) of the Solid Waste Facility Permit Act of 1995 (D.C. Official Code § 8-1055(c)(18)) (failure of owner or operator of solid waste facility to provide monthly report to the Department); or(pp) Violation of any provision of the District of Columbia Hazardous Waste Management Act of 1977, effective March 16, 1978, as amended (D.C. Law 2-64; D.C. Official Code §§ 8-1301 to 8-1314 (2001)), or the

Hazardous Waste Management Regulations, 20 DCMR chapters 42 and 43, that is not cited elsewhere in 16 DCMR § 3652.

SOURCE: Final Rulemaking published at 52 DCR 5074 (May 27, 2005); 53 DCR 5479 (July 7, 2006).