D.C. Mun. Regs. tit. 20, § 6405
[Repealed]
Authority: 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 (2013 Repl. & 2019 Supp.)); 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. (2013 Repl.)); 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 (2013 Repl.)); and Mayor's Order 2006-61, dated June 14, 2006. Source: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 67 DCR 1778 (February 21, 2020).District of Columbia, Office of the Secretary
6405 SITE PRIORITIZATION FOR FUND EXPENDITURES
6405.1 The Director shall prioritize all eligible leaking underground storage tank (LUST) sites based on factors that include consideration of the following:
- (a) The danger of fire or explosion;
- (b) The danger of toxic vapors;
- (c) The environmental setting of the site including proximity to potable water supply, ground water or surface waters which may be impacted;
- (d) The present and future uses of the affected aquifer or surface waters;
- (e) The potential for migration off-site;
- (f) The type of contaminant;
- (g) The size of the release (number of gallons of regulated substance lost);
- (h) Whether the leak is continuing or has been contained;
- (i) Whether publicly owned lands are impacted;
- (j) The degree to which human health, safety, or welfare may be affected by exposure to the contamination;
- (k) The size of the population or area affected by the contamination; and
- (l) The time that has elapsed since the release was detected.
6405.2 The priority list of sites shall be based on an ordering of scored sites that the highest scored site(s) will be of highest priority for response action and the lowest scored site will be of lowest priority for response action.
6405.3 The Director may adjust the priority list as necessary based upon changing environmental conditions, public health needs, cost effectiveness, efficiency, and available resources.
6405.4 Regardless of the position of a site on the priority list, the Director may initiate emergency action for those sites that, in the judgment of the Director, present an imminent hazard to human health and safety or where failure to prevent migration of a regulated substance would cause irreversible damage to the environment. Site classification pursuant to § 6206 shall be completed to evaluate the need for additional assessment or development of a corrective action plan.
SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999).