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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 16. CONSUMERS, COMMERCIAL PRACTICES, AND CIVIL INFRACTIONS |
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Chapter 16-40. DEPARTMENT OF THE ENVIRONMENT (DDOE) INFRACTIONS |
Section 16-4008. UNDERGROUND STORAGE TANK INFRACTIONS
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4008.1In addition to §§ 4008.2, 4008.3, and 4008.4, violation of any of the following provisions shall be a Class 1 infraction:
(a) D.C. Official Code § 8-113.09(c) (continuing work stopped by a Department order);
(b) 20 DCMR § 5502.2 (installing an underground storage tank (UST) system listed in 20 DCMR § 5502.1 that fails to meet specified requirements);
(c) 20 DCMR § 5601.14 (depositing or dispensing regulated substance into a
UST for which registration has been denied);
(d) 20 DCMR § 5602.1 (failure to cooperate fully with inspections, monitoring, or testing conducted by the Director, as well as requests for document submission, testing, or monitoring);
(e) 20 DCMR § 5602.2 (failure to submit specified information and documentation as required);
(f) 20 DCMR § 5700.1 (failure of petroleum UST system to meet specified performance standards or requirements for upgrade, corrective action, or closure);
(g) 20 DCMR § 5700.2 (failure of UST system to satisfy release detection requirements set forth in 20 DCMR Chapter 60);
(h) 20 DCMR § 5700.3 (failure of hazardous substance UST system installed after November 12, 1993 to meet performance standards set forth in 20 DCMR § 5702);
(i) 20 DCMR § 5700.4 (failure of hazardous substance UST system to meet performance standards set forth in 20 DCMR § 5702 or permanent closure and corrective action requirements in 20 DCMR Chapters 61 and 62);
(j) 20 DCMR § 5700.8 (failure to meet any applicable requirements of 20 DCMR Chapter 57, for an UST system installed after December 22, 1988);
(k) 20 DCMR § 5701.1 (failure of petroleum UST to meet specified construction and material requirements);
(l) 20 DCMR § 5701.2 (failure of petroleum steel tank to be cathodically protected as specified);
(m) 20 DCMR § 5701.7 (failure of motor fuel dispenser system to contain under-dispenser containment as specified);
(n) 20 DCMR § 5702.1 (failure of hazardous substance UST to meet specified construction and material requirements);
(o) 20 DCMR § 5702.2 (failure of hazardous substance steel tank to be cathodically protected as specified);
(p) 20 DCMR § 5703.1 (failure of heating oil UST to meet specified construction and material requirements);
(q) 20 DCMR § 5703.2 (failure of heating oil steel tank to be cathodically protected as specified);
(r) 20 DCMR § 5704.2 (failure of UST system piping to meet specified construction and material requirements);
(s) 20 DCMR § 5704.3 (failure of steel UST piping to be cathodically protected as specified);
(t) 20 DCMR § 5705.1 (failure to use spill prevention equipment);
(u) 20 DCMR § 5800.1 (failure of petroleum UST system to comply with specified upgrade requirements, performance standards, permanent closure requirements, or corrective action requirements);
(v) 20 DCMR § 5800.2 (depositing a regulated substance into a petroleum UST that has not met upgrade requirements in 20 DCMR § 5800.1);
(w) 20 DCMR § 5800.3 (failure of hazardous substance UST system to comply with specified performance standards, permanent closure requirements, or corrective action requirements);
(x) 20 DCMR § 5801.4 (failure to repair or replace UST linings that have lost adhesion, cracked, or otherwise fail to meet original design specifications);
(y) 20 DCMR § 5803.1 (failure to comply with UST system spill and overfill prevention equipment requirements, in accordance with 20 DCMR § 5705); or
(z) 20 DCMR § 5900.10 (failure to report, investigate, or clean up spills or overfills, in accordance with 20 DCMR Chapter 62).
4008.2In addition to §§ 4008.1, 4008.3, and 4008.4, violation of any of the following provisions shall be a Class 1 infraction:
(a) 20 DCMR § 6000.1 (failure to provide release detection method(s) that meet the requirements of 20 DCMR § 6000);
(b) 20 DCMR § 6000.3 (failure to comply with release detection requirements for all pressurized piping, in accordance with 20 DCMR § 6004);
(c) 20 DCMR § 6000.6 (release detection system incapable of detecting a release from all portions of the tank and connected underground piping);
(d) 20 DCMR § 6000.8 (failure of release detection method to meet applicable performance requirements of 20 DCMR §§ 6004 through 6013);
(e) 20 DCMR § 6000.10 (failure of release detection method installed after December 22, 1990, to be capable of detecting leak rate or quantity with specified probability of detection);
(f) 20 DCMR § 6000.12 (failure to repair or replace leak detection system within 45 days in accordance with 20 DCMR Chapter 60);
(g) 20 DCMR § 6000.14 (failure to notify Director of suspected release, in accordance with 20 DCMR Chapter 62);
(h) 20 DCMR § 6000.15 (failure to provide release detection for heating oil UST that is 15 years or older with capacity of 1,100 gallons or more, in accordance with 20 DCMR § 5503);
(i) 20 DCMR § 6000.16 (failure to provide release detection for an UST system that is 15 years or older and stores fuel for use by an emergency generator, in accordance with 20 DCMR § 5505);
(j) 20 DCMR § 6002.1 (failure to provide release detection for a hazardous substance UST system that meets the requirements of 20 DCMR § 6002);
(k) 20 DCMR § 6002.2 (failure of release detection system for a new hazardous substance UST system to meet requirements of 20 DCMR §§ 6003 and 6004);
(l) 20 DCMR § 6002.6 (failure of existing hazardous substance UST system to meet release detection requirements of 20 DCMR §§ 6003 and 6004);
(m) 20 DCMR § 6003.1 (failure to provide release detection for a petroleum UST system, in accordance with 20 DCMR § 6003);
(n) 20 DCMR § 6003.2 (failure of release detection methods to meet requirements of 20 DCMR §§ 6005 through 6012);
(o) 20 DCMR § 6004.2 (failure of release detection method for petroleum UST system piping to meet the requirements of 20 DCMR § 6004);
(p) 20 DCMR § 6004.3 (failure of petroleum UST piping that conveys regulated substances under pressure to be equipped with an automatic line leak detector);
(q) 20 DCMR § 6100.6 (failure to immediately comply with the requirements of 20 DCMR § 6100.7 and 20 DCMR Chapter 62 if a release is suspected or confirmed when UST system is temporarily closed);
(r) 20 DCMR § 6101.11 (failure to begin corrective action in accordance with 20 DCMR Chapter 62 if specified mandatory clean-up criteria are exceeded during Closure Assessment);
(s) 20 DCMR § 6101.12 (stockpiling of contaminated soils on site or failure to properly store, treat, or dispose of soil);
(t) 20 DCMR § 6101.13 (returning untreated contaminated soils to the excavation pit or using the soils on-site);
(u) 20 DCMR § 6101.14 (failure during tank removal to remove, treat, and properly dispose of contaminated or grossly contaminated soils at an approved facility);
(v) 20 DCMR § 6201.1 (failure to take immediate action to contain and clean up any spill or overfill of a regulated substance from an UST system);
(w) 20 DCMR § 6201.2 (failure to immediately report to the Director and to the Fire Chief any spill or overfill where there is danger of fire or explosion);
(x) 20 DCMR § 6201.3 (failure to immediately contain and clean up a spill or overfill of petroleum that is less than 25 gallons and to immediately notify the Director if the cleanup cannot be completed within 24 hours);
(y) 20 DCMR § 6201.4 (failure to report to the Director within 24 hours a petroleum release that is more than 25 gallons or that causes a sheen on any nearby surface water, and to begin corrective action, in accordance with 20 DCMR §§ 6203.9 through 6212); or
(z) 20 DCMR § 6201.5 (failure to immediately report any spill or overfill of a hazardous substance to the Director, the Fire Chief, and the D.C. Office of Emergency Management, immediately contain and clean up the spill or overfill, and begin corrective action in accordance with 20 DCMR §§ 6203.9 through 6212 if the cleanup cannot be completed within 24 hours).
4008.3In addition to §§ 4008.1, 4008.2, and 4008.4, violation of any of the following provisions shall be a Class 1 infraction:
(a) 20 DCMR § 6201.6 (failure to report to the National Response Center and begin corrective action in accordance with 20 DCMR §§ 6202 through 6212, where a spill or overfill of a hazardous substance results in release to the environment that equals or exceeds its reportable quantity under CERCLA (40 C.F.R. Part 302));
(b) 20 DCMR § 6202.1 (failure to notify the Director within 24 hours of a suspected release from an UST);
(c) 20 DCMR § 6202.3 (failure to notify UST owner or operator immediately and the Director within 24 hours if a release is known or if reason exists to know of or suspect a release from an UST);
(d) 20 DCMR § 6202.5 (knowingly allowing a release from an UST system to continue);
(e) 20 DCMR § 6202.6 (failure to timely report to the Director and to follow procedures in 20 DCMR § 6203 for any of the conditions specified);
(f) 20 DCMR § 6202.7 (failure to immediately investigate, conduct initial abatement, and confirm release to the Director within seven days of suspected release);
(g) 20 DCMR § 6203.1 (failure to conduct systems tests in accordance with tightness testing requirements of 20 DCMR §§ 6007 and 6013.3 when a release is suspected);
(h) 20 DCMR § 6203.2 (failure to repair, replace, or upgrade an UST system and begin corrective action in accordance with 20 DCMR §§ 6203.9 through 6212 if test results indicate a release has occurred);
(i) 20 DCMR § 6203.3 (failure to conduct a site investigation as set forth in 20 DCMR §§ 6203.4 through 6203.6 if a release exists or is suspected based on test results or on visual or analytical data of environmental contamination);
(j) 20 DCMR § 6203.4 (failure to test for a release where contamination is most likely to be present at an UST site);
(k) 20 DCMR § 6203.7 (failure to perform specified initial response actions upon confirmation of a release);
(l) 20 DCMR § 6203.9 (failure to take specified initial abatement actions);
(m) 20 DCMR § 6203.10 (failure to remedy hazards posed by excavated or exposed contaminated soils and comply with all applicable laws and regulations if remedies include treatment or disposal of soils);
(n) 20 DCMR § 6203.12 (failure to determine whether free product is present and begin free product removal as soon as practicable, in accordance with 20 DCMR § 6204);
(o) 20 DCMR § 6203.13 (failure to achieve upper concentration limits for benzene in groundwater);
(p) 20 DCMR § 6204.1 (failure to remove measurable free product to the maximum extent practicable in accordance with schedule approved by the Director);
(q) 20 DCMR § 6204.2 (failure to remove free product in a manner that minimizes the spread of contamination by using appropriate recovery techniques);
(r) 20 DCMR § 6204.3 (failure to recover and dispose of free product in a manner that properly treats, discharges, recycles, or disposes of recovery byproducts in compliance with all applicable laws and regulations);
(s) 20 DCMR § 6204.5 (failure to ensure that flammable substances are handled in a manner that will prevent fire and explosion);
(t) 20 DCMR § 6205.1 (failure to submit a Comprehensive Site Assessment in a form satisfactory to the Director within 60 days of submission of a work plan);
(u) 20 DCMR § 6205.2 (failure to perform Comprehensive Site Assessment in the time and manner set forth in 20 DCMR § 6205);
(v) 20 DCMR § 6206.2 (failure to comply with specified requirements before initiating a risk-based decision-making process);
(w) 20 DCMR § 6207.1 (failure to submit a Corrective Action Plan required by Director, according to a schedule and format established by the Director);
(x) 20 DCMR § 6207.2 (failure to submit and modify as necessary a Corrective Action Plan that provides for adequate protection of human health and the environment);
(y) 20 DCMR § 6207.3 (failure of Corrective Action Plan to propose corrective action option as specified); or
(z) 20 DCMR § 6207.4 (failure of Corrective Action Plan to provide for proper disposal of contaminated soils and to prohibit placement of contaminated soils back into the ground).
4008.4In addition to §§ 4008.1, 4008.2, and 4008.3, violation of any of the followingprovisions shall be a Class 1 infraction:
(a) 20 DCMR § 6207.5 (failure to prepare, prior to any site activities, a site-specific QA/QC Plan that covers all actions proposed in the Corrective Action Plan and complies with guidelines of the Department);
(b) 20 DCMR § 6207.6 (failure to prepare site-specific Health and Safety Plan that addresses all applicable federal OSHA regulations, in conjunction with the Corrective Action Plan);
(c) 20 DCMR § 6207.9 (beginning soil and groundwater remediation prior to approval of Corrective Action Plan without meeting specified requirements for doing so);
(d) 20 DCMR § 6207.10 (beginning implementation of Corrective Action Plan prior to approval of plan without meeting specified requirements for doing so);
(e) 20 DCMR § 6207.11 (failure to begin implementation of approved Corrective Action Plan within 30 days or other period approved by Director);
(f) 20 DCMR § 6207.14 (implementing modifications to the Corrective Action Plan which have not been approved by the Director);
(g) 20 DCMR § 6207.15 (failure to take additional corrective action responses as required by Director);
(h) 20 DCMR § 6300.1 (failure to provide entry to the Director as provided in 20 DCMR § 6300); or
(i) 20 DCMR § 6301.5 (failure to cooperate fully with inspections, monitoring, or testing conducted by the Director, as well as requests for document submission, testing, or monitoring).
4008.5 In addition to §§ 4008.6, 4008.7, 4008.8, 4008.9, and 4008.10, violation of any of the following provisions shall be a Class 2 infraction:
(a) 20 DCMR § 5600.1 (failure to submit required UST notification);
(b) 20 DCMR § 5600.2 (failure to properly complete required UST notification form);
(c) 20 DCMR § 5600.3 (failure to deliver UST notification form within time prescribed and to include required information with form);
(d) 20 DCMR § 5600.4 (failure to file timely notification form for heating oil tank);
(e) 20 DCMR § 5600.7 (failure to sign UST notification form and certify compliance with specified requirements);
(f) 20 DCMR § 5600.9 (failure to timely file a new notification form following purchase of existing UST);
(g) 20 DCMR § 5600.10 (failure to provide timely notification following discovery of previously unknown UST);
(h) 20 DCMR § 5600.11 (failure to inform UST owner or lessee of notification requirements of 20 DCMR § 5600);
(i) 20 DCMR § 5600.12 (failure to file timely amended notification form and other required information);
(j) 20 DCMR § 5600.13 (failure to ensure proper certification of compliance with requirements of 20 DCMR § 5801 for upgrade or modification of UST system);
(k) 20 DCMR § 5600.14 (failure to file timely closure notification form following permanent closure of an UST system by removal or abandonment);
(l) 20 DCMR § 5601.12 (depositing a regulated substance into an UST without first confirming that current registration certificate is present at facility and that facility is not on prohibited delivery list);
(m) 20 DCMR § 5601.13 (dispensing or permitting dispensing of regulated substance from an UST that has not satisfied registration requirements);
(n) 20 DCMR § 5603.1 (failure to provide required advance written notice of each installation, removal, abandonment, repair, or upgrade of an UST system);
(o) 20 DCMR § 5603.2 (failure to provide notice of the exact time and date of the installation, removal, abandonment, repair, or upgrade of an UST system at least 24 hours in advance to schedule site inspection);
(p) 20 DCMR § 5603.3 (failure to provide timely notice of emergency removal or repair to Director and Fire Chief);
(q) 20 DCMR § 5603.4 (failure to timely submit and obtain approval for plans, design, and specifications for installation or upgrade of an UST system);
(r) 20 DCMR § 5603.7 (failure to timely provide required notice of tank tightness test to Fire Chief in cases of suspected release);
(s) 20 DCMR § 5604.1 (failure to timely provide required notice of the existence or removal of any UST to prospective buyer of real property);
(t) 20 DCMR § 5604.2 (failure to inform prospective buyers of commercial property of prior use of property that suggests the existence of an UST of which the seller has actual knowledge);
(u) 20 DCMR § 5606.2 (third party inspector having a financial interest in the facility or UST system);
(v) 20 DCMR § 5700.7 (failure of each UST system located within 100 feet of a subsurface transit structure to meet the requirements of the BOCA National Fire Prevention Code, the Fire Prevention Code, and the National Fire Protection Association 130);
(w) 20 DCMR § 5700.9 (failure of UST to be properly designed, constructed, and protected from corrosion as specified);
(x) 20 DCMR § 5701.3 (failure to operate and maintain cathodic protection system in new petroleum UST, in accordance with 20 DCMR § 5901);
(y) 20 DCMR § 5701.4 (failure to meet requirements for design, construction, and installation of secondary containment systems in a new petroleum UST); or
(z) 20 DCMR § 5701.5 (failure to meet requirements for design, construction, and installation of double-walled tanks in a new petroleum UST.
4008.6In addition to §§ 4008.5, 4008.7, 4008.8, 4008.9, and 4008.10, violation of any of the following provisions shall be a Class 2 infraction:
(a) 20 DCMR § 5701.6 (failure to meet requirements for design, construction, and installation of external liner systems (including vaults) in a new petroleum UST);
(b) 20 DCMR § 5702.3 (failure to operate and maintain each cathodic protection system in a hazardous substance UST system, in accordance with 20 DCMR § 5901);
(c) 20 DCMR § 5702.4 (failure to meet requirements for design, construction, and installation of double-walled tanks in a new hazardous substance UST);
(d) 20 DCMR § 5703.3 (failure to operate and maintain each cathodic protection system in a new heating oil UST system, in accordance with 20 DCMR § 5901);
(e) 20 DCMR § 5703.4 (failure to meet requirements for design, construction, and installation of secondary containment systems in a new heating oil UST system);
(f) 20 DCMR § 5703.5 (failure to meet requirements for design, construction, and installation of double-walled tanks in a new heating oil UST system);
(g) 20 DCMR § 5703.6 (failure to meet requirements for design, construction, and installation of external liner systems (including vaults) in a new heating oil UST system);
(h) 20 DCMR § 5704.1 (failure of UST piping that is in contact with earthen materials to be designed, constructed, and protected from corrosion as specified);
(i) 20 DCMR § 5704.4 (failure to operate and maintain cathodic protection system in UST piping, in accordance with 20 DCMR § 5901);
(j) 20 DCMR § 5704.5 (failure to meet requirements for design and construction of secondary containment systems in UST piping as set forth in 20 DCMR § 5701.4);
(k) 20 DCMR § 5705.2 (failure of spill prevention equipment to have a minimum capacity of five gallons);
(l) 20 DCMR § 5705.3 (failure to use overfill prevention equipment that meets specified requirements);
(m) 20 DCMR § 5705.4 (failure to use an automatic shutoff valve to comply with 20 DCMR § 5705.3 in tanks that are susceptible to over-pressurization);
(n) 20 DCMR § 5706.1 (failure to install an UST system as specified);
(o) 20 DCMR § 5706.2 (failure to ensure that each UST is installed by an UST System Technician as set forth in 20 DCMR Chapter 65);
(p) 20 DCMR § 5706.3 (failure to complete all work listed in the manufacturer’s installation checklist for each UST installation);
(q) 20 DCMR § 5706.4 (failure to obtain inspection and approval by the Director prior to placement of backfill for completion of installation);
(r) 20 DCMR § 5706.5 (failure to perform a precision test upon installation of an UST system prior to its use);
(s) 20 DCMR § 5802.1 (failure to cathodically protect metal piping that is in contact with earthen materials, in accordance with code of practice);
(t) 20 DCMR § 5802.2 (failure to cathodically protect metal piping that is in contact with earthen materials, in accordance with requirements of 20 DCMR § 5704.3(a) or (b) and 20 DCMR § 5704.4);
(u) 20 DCMR § 5802.3 (failure to replace metal piping that is in contact with earthen materials that does not meet the requirements of 20 DCMR §§ 5802.1 or 5802.2, with new piping that satisfies the requirements of 20 DCMR § 5704);
(v) 20 DCMR § 5804.1 (failure to perform a tank tightness test as set forth in 20 DCMR § 6007 upon completion of an UST system upgrade and prior to placing the UST system in operation);
(w) 20 DCMR § 5900.1 (failure to ensure that releases due to spilling or overfilling do not occur and to follow code of practice);
(x) 20 DCMR § 5900.2 (failure to ensure that the available tank volume is greater than the volume of product to be transferred to the tank before each transfer is made);
(y) 20 DCMR § 5900.3 (failure to ensure that each transfer operation is monitored constantly to prevent overfilling or spilling and is performed in accordance with the UST manufacturer’s specifications); or
(z) 20 DCMR § 5900.4 (failure to hold delivery nozzles open manually where product is transferred by means of pressurized delivery).
4008.7In addition to §§ 4008.5, 4008.6, 4008.8, 4008.9, and 4008.10, violation of any of the following provisions shall be a Class 2 infraction:
(a) 20 DCMR § 5900.5 (failure to install a vent alarm device on accessible tanks where product is transferred by means of pressurized delivery);
(b) 20 DCMR § 5900.6 (failure to discontinue delivery where vent alarm indicates an obstruction to the vent);
(c) 20 DCMR § 5900.7 (failure to keep spill prevention equipment clean and dry);
(d) 20 DCMR § 5900.8 (failure to ensure that all fill lines for the UST system are clearly marked to indicate the size of tank and type of regulated substance in accordance with specified methods);
(e) 20 DCMR § 5900.9 (marking pipes or other openings in a way that could be associated with a regulated substance if they are not used for the transfer of that substance);
(f) 20 DCMR § 5901.1 (failure of a steel tank UST system or a steel-fiberglass-reinforced plastic composite UST system with corrosion protection to comply with requirements of 20 DCMR § 5901);
(g) 20 DCMR § 5901.2 (failure to follow code of practice in complying with tank corrosion protection requirements);
(h) 20 DCMR § 5901.3 (failure to operate and maintain each corrosion protection system to continuously provide corrosion protection);
(i) 20 DCMR § 5901.4 (failure to have cathodic protection system inspected by a qualified cathodic protection tester within six months of installation and every three years thereafter);
(j) 20 DCMR § 5901.5 (failure to conduct cathodic protection testing in accordance with criteria set forth in a code of practice);
(k) 20 DCMR § 5901.6 (failure to inspect UST system with an impressed current cathodic protection system every 60 days);
(l) 20 DCMR § 5901.7 (failure to maintain specified operational records of cathodic protection for an UST system, in accordance with 20 DCMR § 5602);
(m) 20 DCMR § 5902.1 (failure to ensure that repairs to an UST system are made using the proper materials and techniques and that repairs will prevent releases);
(n) 20 DCMR § 5902.2 (failure to follow a code of practice in complying with repair or replacement requirements for an UST system);
(o) 20 DCMR § 5902.5 (failure to replace metal pipe sections or fittings that have released a regulated substance or that constitute a threat of release, in accordance with 20 DCMR § 5704);
(p) 20 DCMR § 5902.6 (failure to replace fiberglass pipe sections and fittings that have released a regulated substance or that constitute a threat of release, in accordance with 20 DCMR § 5704 and manufacturer’s specifications);
(q) 20 DCMR § 5902.7 (failure to replace flexible pipes that have released a regulated substance or that constitute a threat of release, in accordance with 20 DCMR § 5704 and manufacturer’s specifications);
(r) 20 DCMR § 5902.8 (failure to test repaired tank and piping for tightness, in accordance with 20 DCMR §§ 6007 and 6013.3, upon completing repair prior to being placed back in service);
(s) 20 DCMR § 5902.9 (failure to test the cathodic protection system in accordance with 20 DCMR §§ 5901.4 through 5901.6 within six months following repair);
(t) 20 DCMR § 5902.10 (failure to maintain repair records for the remaining operating life of repaired UST);
(u) 20 DCMR § 5902.11 (failure to ensure that an UST system repair is carried out by a certified UST System Technician);
(v) 20 DCMR § 5903.1 (failure to use an UST system that is made of or lined with materials that are compatible with the substance stored in the UST system);
(w) 20 DCMR § 6000.4 (failure to complete closure requirements of 20 DCMR Chapter 61 when release detection method in compliance with 20 DCMR Chapter 60 cannot be applied);
(x) 20 DCMR § 6000.13 (failure to notify Director within 24 hours and to comply with temporary closure requirements of 20 DCMR § 6100 if release detection system is not repaired or replaced within 45-day period);
(y) 20 DCMR § 6002.3 (failure to check secondary containment systems for evidence of a release at least every 30 days); or
(z) 20 DCMR § 6002.5 (failure to obtain approval for alternate release detection method prior to installation or operation of new UST system).
4008.8In addition to §§ 4008.5, 4008.6, 4008.7, 4008.9, and 4008.10, violation of any of the following provisions shall be a Class 2 infraction:
(a) 20 DCMR § 6003.3 (failure to monitor tanks for releases at least once every 30 days using specified methods);
(b) 20 DCMR § 6003.5 (failure to construct a new or replaced UST system to include secondary containment and interstitial monitoring, in accordance with 20 DCMR §§ 5701.4, 5701.5, and 5701.6);
(c) 20 DCMR § 6004.1 (failure to regularly monitor petroleum UST system underground piping, in accordance with 20 DCMR § 6004);
(d) 20 DCMR § 6004.4 (use of automatic line leak detectors that do not meet specified standard or failure to conduct an annual test of the operation of the leak detector in accordance with the manufacturer’s requirements);
(e) 20 DCMR § 6004.5 (failure to perform an annual line tightness test for underground piping that conveys regulated substances under pressure, in accordance with 20 DCMR § 6004.7, or to conduct monthly monitoring of piping, in accordance with 20 DCMR § 6004.9);
(f) 20 DCMR § 6004.6 (failure to perform a line tightness test every three years for underground piping that conveys regulated substances under suction, in accordance with 20 DCMR § 6004.7, or to conduct monthly monitoring of piping, in accordance with 20 DCMR § 6004.9);
(g) 20 DCMR § 6004.10 (failure to check secondary containment systems on underground piping installed or replaced after February 8, 2007, for evidence of a release at least every 30 days using interstitial monitoring);
(h) 20 DCMR § 6005.1 (failure to conduct Inventory Control [Statistical Inventory Reconciliation (SIR)] monthly);
(i) 20 DCMR § 6005.6 (failure to measure water level at the bottom of the tank once each month to the nearest one-eighth inch);
(j) 20 DCMR § 6006.2 (failure to conduct manual tank gauging, in accordance with 20 DCMR § 6006);
(k) 20 DCMR § 6006.5 (failure to follow requirements of 20 DCMR Chapter 62 following specified variation in liquid level measurements);
(l) 20 DCMR § 6007.2 (failure to conduct a tightness test to satisfy the installation, upgrade, and repair requirements set forth in 20 DCMR Chapters 57, 58, and 59 before the operation of UST system);
(m) 20 DCMR § 6100.2 (failure to comply with the requirements of 20 DCMR § 6100 when an UST system is temporarily closed);
(n) 20 DCMR § 6100.5 (failure to continue operation and maintenance of corrosion protection in accordance with 20 DCMR § 5901 and release detection in accordance with 20 DCMR Chapter 60 during temporary closure of UST system);
(o) 20 DCMR § 6100.7 (failure to empty UST system, open vent lines, and cap and secure all other lines, pumps, manways and ancillary equipment within 90 days after an UST system is temporarily closed);
(p) 20 DCMR § 6100.7(d) (failure to submit required contractor certification form after completing requirements for temporary closure of an UST system);
(q) 20 DCMR § 6101.1 (failure to comply with 20 DCMR § 6101 when an UST system is permanently closed or undergoes a change-in-service);
(r) 20 DCMR § 6101.2 (failure to properly empty and clean the tank prior to each change-in-service);
(s) 20 DCMR § 6101.3 (failure to submit UST/LUST Activity Notification form not less than two weeks before beginning either a permanent closure or a change-in-service);
(t) 20 DCMR § 6101.4 (failure to follow a code of practice when complying with requirements for permanent closure or change-in-service);
(u) 20 DCMR § 6101.5 (failure to properly empty and clean UST system prior to removing it from the ground);
(v) 20 DCMR § 6101.6 (failure to provide proper notice of an UST system that is to be closed permanently and to then remove UST from the ground);
(w) 20 DCMR § 6101.9 (failure to conduct Closure Assessment of the excavation zone prior to permanent closure or a change-of-service of an UST system);
(x) 20 DCMR § 6101.10 (failure to consider specified factors when selecting sample types, sample locations, and measurement methods for the Closure Assessment and to comply with other requirements of the Director for number of samples or location of borings or wells);
(y) 20 DCMR § 6101.15 (failure to evaluate the UST system and excavation zone for permanent closure at specified excavation depths and screening levels in the case of a release of a regulated substance); or
(z) 20 DCMR § 6101.16 (failure to submit a Closure Assessment Report, including a closure notification form within 30 days after completing the permanent closure or change-in-service activities).
4008.9In addition to §§ 4008.5, 4008.6, 4008.7, 4008.8, and 4008.10, violation of any of the following provisions shall be a Class 2 infraction:
(a) 20 DCMR § 6102 (failure to properly assess the excavation zone and close an UST system that was previously abandoned, removed, or permanently closed, as directed);
(b) 20 DCMR § 6202.4 (failure to include required information in notification of release or suspected release);
(c) 20 DCMR § 6203.5 (failure to consider appropriate selection factors and to comply with Departmental directives and protocols for sample types, sample locations, and measurement methods);
(d) 20 DCMR § 6203.11 (failure to conduct Initial Site Assessment to evaluate on-site conditions in accordance with specified requirements and any applicable protocols of the Department);
(e) 20 DCMR § 6205.3 (failure to conduct site assessment activities in accordance with an appropriate Health and Safety Plan and make plan available for inspection);
(f) 20 DCMR § 6207.12 (failure to provide the Director with an opportunity to inspect the site prior to implementation of the Corrective Action Plan);
(g) 20 DCMR § 6211.7 (failure to remove all equipment and ensure that all wells are properly abandoned following notice of no further action or case closure);
(h) 20 DCMR § 6301.6 (failure to submit records, documents, or other information within 20 days of a request, or other time frame specified by the Director);
(i) 20 DCMR § 6500.1 (failure to ensure that an UST system or any component of an UST system is installed under continuous on-site supervision of a certified and licensed UST System Technician);
(j) 20 DCMR § 6500.2 (failure to ensure that an UST system is abandoned or removed under the continuous on-site supervision of a certified and licensed UST System Technician or UST Closure Specialist);
(k) 20 DCMR § 6500.3 (failure to ensure that tightness test is conducted under the continuous on-site supervision of a certified and licensed UST System Tester);
(l) 20 DCMR § 6500.4 (failure of business that provides services for UST system installation, upgrade, retrofit, repair, or permanent closure to be certified and licensed to perform UST activities);
(m) 20 DCMR § 6500.5 (failure of an UST System Technician, UST Closure Specialist, or UST System Tester to be certified and licensed to perform UST system activities);
(n) 20 DCMR § 6500.8 (transferring an UST system certification or license);
(o) 20 DCMR § 6502.1 (failure to designate at least one Class A, one Class B, and one Class C operator for each active UST facility);
(p) 20 DCMR § 6502.2 (dispensing or storing a regulated substance when Class A, B, and C operators have not been designated and trained as required by 20 DCMR § 6502);
(q) 20 DCMR § 6502.3 (failure of trained operators to be readily available to respond to suspected or confirmed releases, other unusual operating conditions, emergencies, or equipment failures);
(r) 20 DCMR § 6502.4 (failure to prominently display at the facility emergency contact information and emergency procedures for users of unmanned facilities);
(s) 20 DCMR § 6502.5 (failure of designated operators to successfully complete initial training required by 20 DCMR § 6502 by August 8, 2012);
(t) 20 DCMR § 6502.7 (failure of Class A and Class B operators for a petroleum UST system to complete required re-training within 60 days of being notified that an UST system is out of compliance);
(u) 20 DCMR § 6502.13 (failure to provide required training and annual briefings to Class C operators);
(v) 20 DCMR § 6502.16 (failure of an owner to ensure that all Class A, B, and C operators are trained no later than August 8, 2012);
(w) 20 DCMR § 6502.17 (failure to train a replacement Class A or B operator within 30 days of the operator assuming duties);
(x) 20 DCMR § 6502.18 (failure to train Class C operators prior to assuming duties as a Class C operator);
(y) 20 DCMR § 6502.20 (failure to keep on-site and readily available for inspection, certificates of training for Class A and B operators, required facility list of designated operators, and Class C operator instructions or procedures); or
(z) 20 DCMR § 6502.21 (failure to conspicuously post required Class C operator and owner contact information at unmanned facilities).
4008.10In addition to §§ 4008.5, 4008.6, 4008.7, 4008.8, and 4008.9, violation of any of the following provisions shall be a Class 2 infraction:
(a) 20 DCMR § 6503.1 (failure of training providers to obtain written approval from the Director prior to delivering training courses for Class A and B Operators);
(b) 20 DCMR § 6700.8 (failure to immediately file a Certification of Financial Responsibility for an existing UST);
(c) 20 DCMR § 6700.9 (failure to file a Certification of Financial Responsibility with the Director within 30 days after installation of a new UST);
(d) 20 DCMR § 6700.10 (failure to demonstrate minimum required per-occurrence amount of financial responsibility for specified petroleum USTs);
(e) 20 DCMR § 6700.11 (failure to demonstrate minimum required per-occurrence amount of financial responsibility for petroleum USTs not covered by 20 DCMR § 6700.10);
(f) 20 DCMR § 6700.12 (failure to demonstrate minimum required annual aggregate amount of financial responsibility);
(g) 20 DCMR § 6700.16 (failure to meet new financial responsibility requirements on anniversary of effective date of financial responsibility mechanism, following acquisition or installation of additional USTs);
(h) 20 DCMR § 6701.1 (failure to utilize mechanism(s) listed in 20 DCMR §§ 6703 through 6711 to demonstrate financial responsibility);
(i) 20 DCMR § 6701.7 (failure to obtain alternate assurance of financial responsibility within 30 days after the owner receives notice of any condition set forth in 20 DCMR § 6701.7(a)-(d));
(j) 20 DCMR § 6702.8 (failure to submit current evidence of financial responsibility within 30 days after identifying an UST release required to be reported under 20 DCMR §§ 6201 or 6204);
(k) 20 DCMR § 6702.9 (failure to submit current evidence of financial responsibility within 30 days after receiving notice of the incapacity of a provider of assurance under 20 DCMR § 6701.7);
(l) 20 DCMR § 6702.11 (failure to submit evidence of financial assurance or other relevant information as required by Director);
(m) 20 DCMR § 6703.4 (failure to obtain alternative coverage within specified time period when no longer meeting requirements of financial tests of self-insurance set forth in 20 DCMR §§ 6704 or 6705);
(n) 20 DCMR § 6703.5 (failure to provide reports of financial condition as required by Director or failure to timely obtain alternate coverage following notification by Director);
(o) 20 DCMR § 6703.6 (failure to notify the Director of the failure to timely obtain alternate assurance as required under 20 DCMR §§ 6703.4 or 6703.5);
(p) 20 DCMR § 6706.1 (failure to comply with criteria in 20 DCMR § 6706 when obtaining a guarantee to meet financial responsibility requirements of 20 DCMR § 6700);
(q) 20 DCMR § 6707.1 (failure to comply with requirements of 20 DCMR § 6707 when obtaining liability insurance to meet financial responsibility requirements of 20 DCMR § 6700);
(r) 20 DCMR § 6708.1 (failure to comply with requirements of 20 DCMR § 6708 when obtaining a surety or performance bond to meet financial responsibility requirements of 20 DCMR § 6700);
(s) 20 DCMR § 6709.1 (failure to comply with requirements of 20 DCMR § 6709 when obtaining a letter of credit to meet financial responsibility requirements of 20 DCMR § 6700);
(t) 20 DCMR § 6710.1 (failure to comply with requirements of 20 DCMR § 6710 when establishing a trust fund to meet financial responsibility requirements of 20 DCMR § 6700);
(u) 20 DCMR § 6714.4 (failure to send a copy of each notice of cancellation or termination of financial assurance to the Director at the same time that notice is sent to the owner);
(v) 20 DCMR § 6714.5 (failure to obtain alternative financial assurance coverage within 60 days after receipt of notice of cancellation or non-renewal of financial assurance);
(w) 20 DCMR § 6714.6 (failure to submit notification and required information following the failure to obtain alternate coverage within 60 days after receipt of a notice of termination);
(x) 20 DCMR § 6715.1 (failure to provide proper and timely notification of commencement of bankruptcy proceedings and to submit appropriate forms listed in 20 DCMR §§ 6702.4 through 6702.7 documenting financial responsibility);
(y) 20 DCMR § 6715.4 (failure to obtain alternate financial assurance in accordance with 20 DCMR Chapter 67 within 30 days after receiving notice of the bankruptcy, incapacity, or suspension or revocation of authority of provider of financial assurance); or
(z) 20 DCMR § 6715.5 (failure to provide notification of failure to obtain alternate coverage within 30 days after notification of bankruptcy or incapacity).
4008.11In addition to §§ 4008.12, 4008.13, and 4008.14, violation of any of the following provisions shall be a Class 3 infraction:
(a) 20 DCMR § 5601.2 (failure to register an UST and pay required fee);
(b) 20 DCMR § 5601.3 (failure to register an UST and pay required fee before deposit of regulated substance);
(c) 20 DCMR § 5601.4 (failure to register a heating oil tank with a capacity of 1,100 gallons or greater);
(d) 20 DCMR § 5601.5 (failure to initiate the registration process and pay the required registration fee within the time specified in the invoice);
(e) 20 DCMR § 5601.10 (failure to renew an UST registration);
(f) 20 DCMR § 5601.15 (failure of seller of UST to provide required notifications);
(g) 20 DCMR § 5602.4 (failure to maintain specified records and information for each UST facility, in accordance with 20 DCMR Chapter 56);
(h) 20 DCMR § 5602.5 (failure to maintain specified records for required period and have records immediately available for inspection);
(i) 20 DCMR § 5602.6 (failure to have specified records available for inspection);
(j) 20 DCMR § 5602.7 (failure to deliver permanent closure records as approved by Director);
(k) 20 DCMR § 5602.8 (failure to maintain records for required period);
(l) 20 DCMR § 5603.6 (failure to provide notice at least twenty-four hours in advance of the time and date of any tank tightness test);
(m) 20 DCMR § 5706.6 (failure to ensure that UST System Technician completes certification of compliance on UST notification form);
(n) 20 DCMR § 5801.1 (failure to upgrade steel tanks in accordance with requirements of 20 DCMR Chapter 58 and with manufacturer’s specifications or established procedures and practices);
(o) 20 DCMR § 5801.2 (failure to comply with specified requirements for upgrading an UST by internal lining);
(p) 20 DCMR § 5801.3 (failure to inspect the interior of a lined tank within 10 years after lining or every five years thereafter, in order to ensure the lining is structurally sound, free of corrosion holes, and performing in accordance with original design specifications);
(q) 20 DCMR § 5801.5 (upgrading a tank by cathodic protection without meeting the requirements of 20 DCMR § 5701.2 (a) or (b) and § 5701.3, and without following specified methods for ensuring the integrity of the tank);
(r) 20 DCMR § 5801.6 (upgrading a tank by both internal lining and cathodic protection without meeting the requirements of 20 DCMR § 5902, § 5701.2 (a) or (b), and § 5701.4);
(s) 20 DCMR § 5902.12 (failure to ensure that certified UST System Technician completes certification of compliance on UST Notification form);
(t) 20 DCMR § 6000.7 (failure to install, calibrate, operate, and maintain each release detection system in accordance with the manufacturer’s instructions);
(u) 20 DCMR § 6000.9 (failure of performance claim for a release detection system to be in writing and to describe how claim was derived or tested);
(v) 20 DCMR § 6001.1 (failure to properly maintain records demonstrating compliance with 20 DCMR Chapter 60);
(w) 20 DCMR § 6001.2 (failure to maintain for at least 10 years written performance claims for release detection systems);
(x) 20 DCMR § 6001.3 (failure to maintain for at least three years the results of any sampling, testing, or monitoring of an UST system);
(y) 20 DCMR § 6001.4 (failure to retain results of tank tightness testing until the next test of the UST system); or
(z) 20 DCMR § 6001.5 (failure to maintain written documentation of all calibration, maintenance, and repair of release detection equipment for at least three years).
4008.12In addition to §§ 4008.11, 4008.13, and 4008.14, violation of any of the following provisions shall be a Class 3 infraction:
(a) 20 DCMR § 6001.6 (failure to retain for at least 10 years all schedules of required calibration and maintenance provided by the release detection equipment manufacturer);
(b) 20 DCMR § 6005.2 (failure to evaluate the accuracy of the selected Statistical Inventory Reconciliation (SIR) method and maintain evaluation records for 10 years);
(c) 20 DCMR § 6005.3 (failure to use equipment capable of measuring the level of product over the full range of the tank’s height to the nearest one-eighth inch);
(d) 20 DCMR § 6005.4 (failure to make each delivery through a drop tube that extends to within six inches of the tank bottom);
(e) 20 DCMR § 6005.5 (failure to meter or record the dispensing of regulated substances according to specified standards);
(f) 20 DCMR § 6006.3 (failure to properly take tank liquid level measurements and record measurements on approved form);
(g) 20 DCMR § 6006.4 (failure to use proper manual tank gauging equipment);
(h) 20 DCMR § 6007.1 (failure to use a tank tightness test that meets specified requirements);
(i) 20 DCMR § 6008.1 (failure to use automatic tank gauging equipment that meets requirements of 20 DCMR § 6008);
(j) 20 DCMR § 6008.2 (failure to ensure proper installation of tank-gauging probe);
(k) 20 DCMR § 6008.3 (failure to use automatic product level monitor test that meets specified requirements);
(l) 20 DCMR § 6008.4 (failure to install tanks horizontally without tank tilt if automatic tank gauging is used);
(m) 20 DCMR § 6009.2 (failure to assess the excavation zone to ensure compliance with 20 DCMR § 6009);
(n) 20 DCMR § 6009.3 (failure to use proper backfill materials);
(o) 20 DCMR § 6009.4 (failure of stored regulated substance or tracer compound to have sufficient volatility);
(p) 20 DCMR § 6009.5 (vapor measurement rendered inoperative or reduced in effectiveness due to ground water, rainfall, soil moisture, or other known interference);
(q) 20 DCMR § 6009.6 (background contamination in the excavation zone interfering with the vapor monitoring method);
(r) 20 DCMR § 6009.7 (failure to use vapor monitor that is properly designed and operated);
(s) 20 DCMR § 6009.8 (failure to assess the excavation zone as required before using vapor monitoring);
(t) 20 DCMR § 6009.9 (failure to clearly and properly mark and secure monitoring wells);
(u) 20 DCMR § 6010.1 (failure to test and monitor for regulated substances on the ground water or in the tank excavation zone, in accordance with 20 DCMR § 6010);
(v) 20 DCMR § 6010.2 (failure of the regulated substance stored to be immiscible in water and have a specific gravity of less than one);
(w) 20 DCMR § 6010.3 (ground water more than 20 feet from the ground surface or hydraulic conductivity of the soils less than 0.01 cm/sec if testing or monitoring for regulated substances on ground water);
(x) 20 DCMR § 6010.4 (failure to design slotted portion of monitoring well casing to prevent migration of natural soils or filter pack into the well and to allow entry of regulated substance on the water table into the well);
(y) 20 DCMR § 6010.5 (failure to seal monitoring wells from the ground surface to the top of the filter pack); or
(z) 20 DCMR § 6010.6 (failure of monitoring wells or devices to intercept the excavation zone or be as close to the excavation zone as is technically feasible).
4008.13In addition to §§ 4008.11, 4008.12, and 4008.14, violation of any of the following provisions shall be a Class 3 infraction:
(a) 20 DCMR § 6010.7 (failure to assess the excavation zone as required before using ground-water monitoring);
(b) 20 DCMR § 6010.8 (failure to use continuous monitoring devices or manual methods capable of detecting at least one eighth (1/8) inch of free regulated substance);
(c) 20 DCMR § 6010.9 (failure to clearly mark and secure each monitoring well to avoid unauthorized access or tampering);
(d) 20 DCMR § 6011.1 (improper use of interstitial monitoring);
(e) 20 DCMR § 6011.2 (failure to use sampling or testing method for a double-walled UST system capable of detecting a release through the inner wall);
(f) 20 DCMR § 6011.3 (failure to properly maintain the vacuum in vacuum monitoring, to report a suspected release, or to reinstitute a vacuum more than once every three months without prior approval);
(g) 20 DCMR § 6011.4 (failure to use an automated device capable of detecting a release between the inner wall and the internally fitted liner and to use a liner that is compatible with the substance stored);
(h) 20 DCMR § 6011.5 (failure of secondary barrier within the excavation zone to meet specified requirements);
(i) 20 DCMR § 6011.6 (failure to use sampling or testing method capable of detecting a release between the UST system and the secondary barrier within the excavation zone, or use of testing or sampling method that is rendered inoperative or reduced in effectiveness due to ground water, rainfall, soil moisture, or other known interference);
(j) 20 DCMR § 6011.7 (failure to assess the site for an UST system with a secondary barrier within the excavation zone to ensure that the secondary barrier is always above the groundwater and not in a 25-year flood plain);
(k) 20 DCMR § 6011.8 (failure to clearly mark and secure monitoring wells for each UST system with a secondary barrier within the excavation zone to avoid unauthorized access or tampering);
(l) 20 DCMR § 6011.9 (failure to use interstitial monitoring to check for evidence of a release at least every 30 days on secondary containment systems on underground tanks or piping installed or replaced after February 8, 2007);
(m) 20 DCMR § 6012.4 (failure to comply with any conditions imposed on the use of an alternative method of release detection);
(n) 20 DCMR § 6100.4 (failure to submit amended Notification Form within seven days of the date an UST system is temporarily closed);
(o) 20 DCMR § 6100.8 (failure to begin procedures to permanently close an UST system in accordance with 20 DCMR § 6101 at the end of 12 months after an UST system is temporarily closed);
(p) 20 DCMR § 6101.8 (failure to empty, clean, and fill tank with an inert solid material and comply with 20 DCMR §§ 5600.14 and 6101 when a tank removal variance is granted);
(q) 20 DCMR § 6103.1 (failure to maintain records of compliance with closure requirements, in accordance with 20 DCMR § 5602);
(r) 20 DCMR § 6103.2 (failure to properly maintain Closure Assessment results for at least three years after completion of permanent closure or change-in-service);
(s) 20 DCMR § 6203.14 (failure to submit Initial Site Assessment report and any applicable monthly status report within 60 days after release confirmation or failure to submit a work plan for future site activities);
(t) 20 DCMR § 6204.6 (failure to prepare and submit a status report on the removal of any free product, commencing 45 days after release confirmation and quarterly thereafter, in accordance with specified format and content requirements);
(u) 20 DCMR § 6207.13 (failure to monitor, evaluate, and timely report the results of Corrective Action Plan in a format established by Director);
(v) 20 DCMR § 6207.16 (failure to evaluate effectiveness of Corrective Action Plan or amendment at end of one year of implementation);
(w) 20 DCMR § 6211.2 (failure to maintain for at least three years all records and reports documenting the transport and disposal of wastes generated at an UST site while Corrective Action Plan is being carried out);
(x) 20 DCMR § 6404.6 (failure of contractors who perform corrective action to maintain records on a site-specific basis or to bill the District for activities performed on a site-specific basis in accordance with District procurement regulations or policies);
(y) 20 DCMR § 6500.6 (failure of business certified to perform UST system activities to provide list of employees who are not certified but who perform supervised on-site UST activities); or
(z) 20 DCMR § 6500.7 (failure of certified UST System Technician, Closure Specialist, or Tester to carry and make available for inspection the identification card or certificate issued by the Director at all times while conducting the applicable UST activity).
4008.14In addition to §§ 4008.11, 4008.12, and 4008.13, violation of any of the following provisions shall be a Class 3 infraction:
(a) 20 DCMR § 6500.9 (failure to surrender certification or license to the Director within 10 business days after close or termination of a business);
(b) 20 DCMR § 6502.8 (failure of a Class A operator to meet all requirements or duties, as provided under 20 DCMR § 6502.8(a)-(c));
(c) 20 DCMR § 6502.9 (failure of a Class B operator to meet all requirements or duties, as provided under § 6502.9(a)-(c));
(d) 20 DCMR § 6502.10 (failure of a Class C operator to meet all requirements or duties, as provided under § 6502.10(a)-(b));
(e) 20 DCMR § 6502.19 (failure to maintain required list of designated operators);
(f) 20 DCMR § 6702.1 (failure to maintain a copy of each financial assurance mechanism until released from financial responsibility requirements under 20 DCMR §§ 6700.5 or 6700.6);
(g) 20 DCMR § 6702.2 (failure to make available to the Director upon request, records of financial assurance maintained off-site);
(h) 20 DCMR § 6702.3 (failure to maintain a copy of the appropriate assurance instrument in the prescribed form);
(i) 20 DCMR § 6702.4 (failure to maintain a copy of chief financial officer’s letter of assurance when using a financial test of self-insurance or guarantee);
(j) 20 DCMR § 6702.5 (failure to maintain a copy of signed standby trust fund agreement when using a guarantee, surety bond, or letter of credit);
(k) 20 DCMR § 6702.6 (failure to maintain a copy of signed insurance policy or risk retention group coverage policy and endorsement or certificate or insurance);
(l) 20 DCMR § 6702.7 (failure to maintain and update copy of certification of financial responsibility in prescribed form);
(m) 20 DCMR § 6706.4 (failure to properly demonstrate to the owner within 120 days after the close of each financial reporting year that the guarantor meets the financial test criteria of 20 DCMR § 6703);
(n) 20 DCMR § 6706.5 (failure to timely notify the owner by certified mail before cancellation or non-renewal of the guarantee if the guarantor fails to meet the requirements of the financial test at the end of any financial reporting year);
(o) 20 DCMR § 6706.6 (failure to timely notify owner by certified mail if guarantor no longer meets the requirements of the financial test of §§ 6704 or 6705 and 6703.3);
(p) 20 DCMR § 6711.1 (failure of an owner using any of the financial responsibility mechanisms authorized under 20 DCMR §§ 6706, 6708, or 6709 to establish a standby trust fund when the mechanism is acquired);
(q) 20 DCMR § 6711.2 (failure of a standby trust fund to have trustee with authority to act as a trustee and whose trust operations are regulated and examined by an agency of the federal government or the District of Columbia);
(r) 20 DCMR § 6711.3 (failure of standby trust agreement or trust agreement to be in the prescribed form and accompanied by certification of acknowledgement in the prescribed form);
(s) 20 DCMR § 6712.1 (failure to place funds in standby trust as required by the Director);
(t) 20 DCMR § 6712.2 (failure to place funds in standby trust as required by the Director);
(u) 20 DCMR § 6713.1 (failure to timely replenish the value of financial assurance or acquire another financial assurance mechanism if amount in a standby trust is reduced below full amount of coverage required);
(v) 20 DCMR § 6714.2 (termination of guarantee, surety bond, or letter of credit prior to 120 days following owner’s receipt of notice of termination);
(w) 20 DCMR § 6714.3 (termination of insurance or risk retention group coverage prior to 60 days following owner’s receipt of notice of termination or, in the case of non-payment of premiums or misrepresentation, prior to 10 days following owner or operator’s receipt of notice of termination); or
(x) 20 DCMR § 6715.2 (failure of guarantor to provide proper and timely notification to owner of bankruptcy proceeding as required under terms of the guarantee specified in 20 DCMR § 6706).
4008.15 Violation of any of the following provisions shall be a Class 4 infraction:
(a) 20 DCMR § 5601.11 (failure to post a copy of the current UST registration certificate in a visible location at the facility at all times); or
(b) Violation of any provision of the District of Columbia Underground Tank Management Act of 1990, effective March 8, 1991, as amended (D.C. Law 8-242; D.C. Official Code §§ 8-113.01 to 8-113.12), or the District of Columbia Underground Storage Tank Regulations, 20 DCMR Chapters 55-67, which is not cited elsewhere in this section, shall be a Class 4 infraction.