D.C. Mun. Regs. tit. 20, § 6406
[Repealed]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
6406 RECOVERABLE COSTS
6406.1 Whenever District of Columbia UST Trust Fund monies or Federal LUST Trust Monies are expended, for undertaking corrective or enforcement action with respect to the release of a regulated substance from an underground storage tank, the responsible party or parties shall be jointly and severally liable to the District government for the costs.
6406.2 Recoverable costs shall include the following:
- (a) All costs related to identification and notification of owners, operators and other responsible parties, and enforcement actions against a responsible party;
- (b) All costs related to investigation, assessment, cleanup, and monitoring of sites;
- (c) Indirect costs incurred by the District based upon the formula negotiated annually with the appropriate federal agency;
- (d) All expenditures reasonably related to inducing a recalcitrant responsible party to comply and to recovering cleanup expenditures including salaries and other expenses associated with case development, negotiations and litigation;
- (e) Expenditures related to oversight of responsible party cleanups;
- (f) Legal costs associated with protracted negotiations, issuance of cleanup orders and litigation to compel reluctant responsible parties to clean up or pay clean-up costs; and
- (g) Interest at the rate of six percent (6%) per annum.
SOURCE: Final Rulemaking published at 40 DCR 7835 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999).