Section 20-6100. TEMPORARY CLOSURE  


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    6100.1For purposes of this section, a UST system shall be deemed temporarily closed when it has been taken out of service for any reason, so that the tank is not being used to receive or dispense product.

     

    6100.2When an UST system is temporarily closed, the owner or operator of the UST system shall comply with the requirements of this section.

     

    6100.3A heating oil tank shall not be deemed temporarily closed until fifteen (15) months after it was last used to receive or dispense product, unless the tank could not have been used to dispense product.

     

    6100.4The owner or operator of an UST system shall inform the Director and the District of Columbia Fire Chief by submitting an amended notification form within seven (7) days of the date the UST system is temporarily closed.

     

    6100.5During the period when an UST system is temporarily closed, but still contains regulated substance, the owner or operator shall continue the operation and maintenance of corrosion protection in accordance with § 5901 and release detection in accordance with the provisions of Chapter 60.

     

    6100.6If a release is suspected or confirmed during the period when the UST system is temporarily closed, the owner or operator shall immediately comply with the requirements of § 6100.7 and with the applicable requirements of Chapter 62.

     

    6100.7Within ninety (90) days after the date that an UST system is temporarily closed, the owner or operator shall do the following:

     

    (a)Remove all regulated substances from the UST system and keep the UST system empty for the balance of the temporary closure period. The UST system shall be deemed to be empty when all substances have been removed using commonly employed practices so that either of the following is achieved:

     

    (1)No more than two and one-half centimeters (2.5 cm) of residue remains in the UST system; or

     

    (2)No more than three-tenths of one percent (0.3%) by weight of the total capacity of the UST system remains in the system;

     

    (b)Ensure that all vent lines are open and functioning;

     

    (c)Cap and secure all other lines, pumps, manways, and ancillary equipment; and

     

    (d)Within seven (7) days after completing the activities required by § 6100.7(a) through (c), the owner or operator shall submit to the Director a completed Contractor Certification form:

     

    (1)Signed by the independent third-party service provider who performed the activities stated in § 6100.7(a) through (c); or

     

    (2)Signed by an independent third-party service provider who has inspected and verified that the owner or operator performed the activities stated in § 6100.7(a) through (c).

     

    6100.8Except as provided in §§ 6100.9 and 6100.10, the owner or operator shall begin procedures to permanently close the UST system in accordance with the requirements of § 6101 at the end of twelve (12) months after the UST system is temporarily closed.

     

    6100.9The owner or operator may submit a written request for an extension to the Director, not less than thirty (30) days before the expiration of the twelve (12) month temporary closure period.

     

    6100.10The Director in his or her discretion may approve a request for extension of the twelve (12) month temporary closure period for additional twelve (12) month periods. In making this determination, the Director may consider the reasons for the original temporary closure, the reasons for the request for extension, the nature of the site and the surrounding neighborhood, the potential for harm to the environment from an extended temporary closure and delayed reopening of the UST system, the potential for abandonment of the site, and other relevant factors.

     

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, 7878 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999).