Section 20-5501. APPLICABILITY OF UST REGULATIONS  


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    5501.1The requirements of this Subtitle shall apply to all underground storage tanks and UST systems located in the District of Columbia, except as otherwise provided in this chapter, and to each owner, operator, regulated substance delivery persons and/or companies, and other responsible or remediating party as set forth in this Subtitle.

     

    5501.2 Except as provided in this Subtitle, all persons, parties, and entities listed in §5501.1, above, shall comply with the requirements of this Subtitle. Where neither an owner nor operator complies with the requirements of this Subtitle, both may be held jointly and individually liable for violations of these provisions and any penalties assessed for those violations. A responsible or remediating party may be held jointly and individually liable for violations of those provisions governing LUSTs and corrective actions and any penalties assessed for those violations. 

     

    5501.3The following underground storage tank systems are exempt from the requirements of this Subtitle:

     

    (a)Any UST holding hazardous wastes listed or identified under Subtitle C of the Resource Conservation and Recovery Act, as amended, 42 USC § 6901, et seq., or a mixture of any of those hazardous wastes and other regulated substances;

     

    (b)Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under § 307(b) or § 402 of the Clean Water Act, 33 USC § 1151, et seq.;

     

    (c)Any UST system that contains a de minimis concentration of regulated substances as determined by the Director;

     

    (d)Any emergency spill or overflow containment tank that is expeditiously emptied after use;

     

    (e)A septic tank;

     

    (f)A pipeline facility (including gathering lines) regulated under the Natural Gas Pipeline Safety Act of 1968, 49 USC § 1671, et seq., or the Hazardous Liquid Pipeline Safety Act of 1979, 49 USC § 2001, et seq.;

     

    (g)A surface impoundment, pit, pond, or lagoon;

     

    (h)A storm-water or wastewater collection system;

     

    (i)A flow-through process tank;

     

    (j)A liquid trap or associated gathering lines directly related to oil or gas production and gathering operations; and

     

    (k)A storage tank situated in an underground area (such as a basement, cellar, mineworking, drift, shaft, or tunnel) if the storage tank is situated upon or above the surface of the floor, and is not covered by any earthen materials along its sides and bottom.

     

authority

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. (2008 Repl.), as amended, and Mayor's Order 2006-61, dated June 14, 2006

source

Final Rulemaking published at 40 DCR 7835, 7839 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 56 DCR 6678 (August 21, 2009).