Section 20-5700. EXISTING AND NEW UST SYSTEMS - GENERAL PROVISIONS  


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    5700.1The owner or operator of each existing or new petroleum UST system, except for heating oil USTs, shall comply with one (1) of the following:

     

    (a)UST systems, installed after November 12, 1993, shall meet the UST system performance standards for new petroleum USTs set forth in § 5701 of this chapter at the time they are installed; or

     

    (b)UST systems, installed on or before December 22, 1988, shall have met the upgrade requirements set forth in Chapter 58 or the permanent closure requirements set forth in Chapter 61 by December 22, 1998 and any applicable requirements for corrective action set forth in Chapter 62; or

     

    (c)UST systems, installed prior to November 12, 1993, shall comply with the federal new tank performance standards set forth in 40 CFR § 280.20. UST systems in this category which have not met the federal standards must be immediately upgraded to meet these standards, permanently closed in accordance with Chapter 61 or replaced with a UST system which meets the District's new tank performance standards set forth in § 5701.

     

    5700.2The owner or operator of each UST system shall ensure that the UST system satisfies the release detection requirements set forth in Chapter 60.

     

    5700.3The owner or operator of each hazardous substance UST system, installed after November 12, 1993, shall ensure that the UST system meets the UST performance standards set forth in § 5702.

     

    5700.4Except as provided in §§ 5700.5, the owner or operator of each existing hazardous substance UST system shall have ensured that no later than December 22, 1994, the UST system:

     

    (a)Meets the UST performance standards for new hazardous substance USTs set forth in § 5702; or

     

    (b)Meets the permanent closure requirements set forth in Chapter 61, including applicable requirements for corrective action set forth in Chapter 62.

     

    5700.5Existing hazardous substance UST systems which were installed or upgraded prior to November 12, 1993, and have complied with the new UST performance standards set forth in § 5701 shall be exempt from the requirements of § 5700.4.

     

    5700.6New heating oil tanks, having a capacity of 1,100 gallons or more must meet the requirements of § 5700.7, § 5700.9, § 5700.10; and § 5703, through § 5706.

     

    5700.7In addition to meeting the requirements of this chapter, the owner or operator of each UST system located within one hundred feet (100') (measured horizontally) from the outside wall of a subsurface transit structure shall meet the requirements of the BOCA National Fire Prevention Code, the Fire Prevention Code, as defined in § 7099.1, and the National Fire Protection Association (NFPA) 130 pertaining to fixed guideway transit systems.

     

    5700.8In order to prevent releases due to structural failure, corrosion, or spills and overfills for as long as the UST system is used to store regulated substances, each owner or operator of an underground storage tank or UST system installed after December 22, 1988, shall ensure that each tank meets the applicable requirements set forth in this chapter.

     

    5700.9Each tank shall be properly designed and constructed, and any portion underground that routinely contains a regulated substance shall be protected from corrosion, in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory as specified by the Director, and in accordance with the BOCA National Fire Prevention Code and the Fire Prevention Code and shall meet the requirements of this chapter.

     

    5700.10Alternative tank construction and corrosion protection may be approved by the Director, if the tank construction and corrosion protection are determined by the Director to be designed to prevent the release or threatened release of any stored regulated substance in a manner that is no less protective of human health and the environment than the other provisions of this chapter.

     

authority

Unless otherwise noted, the authority for this chapter is §13 of the District of Columbia Underground Storage Tank Management Act of 1990, as amended, D.C. Law 8-242, D.C. Code §6-995.1 et seq. (1995 Repl. Vol.), Mayor's Order 91-160 dated October 9, 1991); and the District of Columbia Water Pollution Control Act of 1984, D.C. Law 5-188, D.C. Code 6-921 (1995 Repl. Vol.), Mayor's Order 85-152 dated September 12, 1985).

source

Final Rulemaking published at 40 DCR 7835, 7851 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999).