6212.1 The Department may permit a person, other than a responsible party, to remediate leaking underground storage tank (LUST) sites in accordance with the UST Regulations, provided that the person:

1. (a) Intends to develop the LUST facility or site for personal or business reasons;
2. (b) Intends to conduct a phased investigation of the conditions at the LUST facility or site prior to acquiring or developing the LUST facility or site; or
3. (c) Is a neighboring property owner who is unable to obtain relief from the responsible party.

6212.2 A person who wishes to voluntarily remediate a LUST site shall submit a Voluntary Remedial Action Program (VRAP) application to the Department in accordance with § 5500.4 that contains the following:

1. (a) Proof that the applicant satisfies § 6212.1;
2. (b) A statement of interest in undertaking corrective action at the site;
3. (c) Evidence of financial responsibility to satisfactorily complete the remediation using any mechanism in § 6701;
4. (d) A copy of a written access agreement or other document that permits the applicant to access the site;
5. (e) An application fee as specified in § 5605;
6. (f) Any available documentation demonstrating that the applicant is not a responsible party; and
7. (g) Proof that the applicant, if a business entity, is a registered business in the District of Columbia.

6212.3 Upon receiving a VRAP application, the Department may, in its discretion, approve or deny the application. If approved, the Department will issue a conditional authorization letter that authorizes the Voluntary Remediating Party (VRP) to participate in the VRAP, contingent upon the VRP's submission and the Department's approval of a corrective action plan that meets the requirements of § 6206 and 6207.

6212.4 The VRP may, in its discretion, enter into an agreement to release the responsible party or parties from liability. A VRP that wishes to assume responsible party status shall submit a responsible party transfer request to the Department in accordance with § 5500.4. Any release granted to a responsible party must state that the release may be voided by the Department under the following circumstances:

(a) The responsible party or the VRP submitted false or misleading information to the Department in the responsible party transfer request; or

(b) The VRP failed to complete the corrective action and the Department or the U.S. Environmental Protection Agency expended funds to remediate the site.

6212.5 A VRP shall be liable for all work performed at the site.

6212.6 Unless the VRP has assumed responsible party status, a VRP will only be required to perform the work agreed upon with the Department in the corrective action plan. The VRP shall comply with any directives issued by the Department pertaining to investigation and remediation of the site and the notification requirements in §§ 5600, 5603, and 6202. If the corrective action includes closure of an UST, the VRP shall comply with all requirements of Chapter 61.

6212.7 A VRP, other than a VRP that has released the original responsible party and assumed responsible party status in accordance with § 6212.5, may cease corrective action activities at the site before completing remediation of the site and incur no liability, other than liability pursuant to § 6212.5, provided the VRP:

(a) Has not aggravated the site conditions or increased the costs of subsequent corrective action;

(b) Gives written notice in accordance with § 5500.4 to the Department of the VRP's intention to cease activities at the site; and

(c) Stabilizes the site by properly backfilling any excavations, properly securing or abandoning any monitoring wells, and any other actions required to secure the site as may be ordered by the Department.

6212.8 After completing all actions under the approved corrective action plan, a VRP may submit a written request for a no further action or a case closure letter as set forth in § 6210.

6212.9 The Department may revoke its approval of a VRAP application if a VRP:

(a) Refuses to comply with directives issued by the Department; or

(b) Fails to begin, or actively implement, corrective action within two (2) years of the date of approval of the VRAP Application, or stops corrective action for more than two (2) years, unless otherwise authorized by the Department; provided, however, that nothing in this paragraph shall prohibit the Department taking immediate action as necessary to address an imminent threat to human health or the environment.

SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020).