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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 20. ENVIRONMENT |
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Chapter 20-62. UNDERGROUND STORAGE TANKS - REPORTING OF RELEASES, INVESTIGATION, CONFIRMATION, ASSESSMENT AND CORRECTIVE ACTION |
Section 20-6203. SITE INVESTIGATION, CONFIRMATION OF RELEASES, INITIAL ABATEMENT AND INITIAL SITE ASSESSMENT
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6203.1When a release is suspected, a responsible party shall conduct systems tests, in accordance with the requirements for tightness testing set forth in §§ 6007 and 6013.3 of this Subtitle, to determine whether a release exists in the portion of the tank that routinely contains a regulated substance, or the attached delivery piping, or both.
6203.2A responsible party shall repair, replace, or upgrade the UST system, and begin corrective action in accordance with the applicable provisions of §§ 6203.9 through 6212 of this chapter if the test results indicate that a release has occurred. Prior to completion of the necessary corrective actions, the UST system may be placed in service once the source of the release has been identified and corrected.
6203.3A responsible party shall also conduct a site investigation, as set forth in §§ 6203.4 through 6203.6, if:
(a)The test results for the system, tank, or delivery piping indicate that a release exists; or
(b)The test results for the system, tank, and delivery piping do not indicate that a release exists, but environmental contamination detected by visual or analytical data is the basis for suspecting a release.
6203.4The responsible party shall test for the presence of a release where contamination is most likely to be present at the UST site.
6203.5In selecting sample types, sample locations, and measurement methods, the responsible party shall consider the nature of the stored substance, the type of initial alarm or cause for suspicion, the type of backfill, the depth of ground water, presence of a basement sump pump and other factors appropriate for identifying the presence of released substance and source of the release. Sample types, sample locations and measurement methods shall also comply with Departmental directives and protocols made available by the UST Division.
6203.6If the sample results do not confirm that a release has occurred, no further investigation shall be required.
6203.7Upon confirmation of a release, a responsible party shall perform the following initial response actions:
(a)Immediately identify and mitigate any fire, explosion, and vapor hazards;
(b)Take immediate action to prevent any further release of the regulated substance into the environment; and
(c)When confirmation occurs during the seven (7) day investigation period, the responsible party shall notify the Director and the Fire Chief no later than twenty-four (24) hours after confirmation of the release. The report may be made by telephone, electronic mail, facsimile, or hand delivery. A voice mail message shall not be considered telephone notification. An original letter or memorandum signed by the responsible party, or an authorized representative, shall be submitted to the Director within seven (7) days of confirmation of the release.
6203.8Section 6203.7 shall not apply to any UST system excluded under §§ 5501.3(a) through (f), or any UST system subject to the Subtitle C corrective action requirements under § 3004(u) of the Resource Conservation and Recovery Act (RCRA), as amended.
6203.9A responsible party shall take the following initial abatement actions:
(a)Remove all regulated substance from the UST system, unless the Director approves removal of a lesser amount that is sufficient to prevent further release to the environment. Fulfillment of the requirements of this section is a pre-requisite to the use of risk-based decisionmaking to develop a risk-based corrective action (RBCA) plan pursuant to § 6206.
(b)Visually inspect any aboveground releases or exposed belowground releases and prevent further migration of the released substance into surrounding soils and ground water.
(c)Continue to monitor and mitigate any additional fire and safety hazards posed by vapors or free product that have migrated from the UST site and entered into subsurface structures (such as sewers or basements).
6203.10A responsible party shall remedy hazards posed by contaminated soils that are excavated or exposed as a result of release confirmation, site investigation, abatement, or corrective action activities. If these remedies include treatment or disposal of soils, the responsible party shall comply with all applicable provisions of District of Columbia laws and regulations, including regulations pertaining to the management of solid waste (21 DCMR Chapters 7, 8 and 20).
6203.11A responsible party shall conduct an Initial Site Assessment that will evaluate on-site conditions (i.e. limited to the area within the property boundaries). In preparing the Initial Site Assessment, a responsible party shall comply with any applicable protocols made available by the UST Division and/or take the following actions:
(a)Unless the presence and source of the release have been confirmed previously in accordance with the site investigation required by § 6203.3 or the closure site assessment of § 6101.9, test for the presence of a regulated substance by taking soil borings and by installing monitoring wells where contamination is most likely to be present at the UST site. Analyze the levels of contaminants in the soil borings and groundwater samples. In selecting sample types, sample locations, and measurement methods, the owner or operator shall consider the nature of the stored substance, the type of backfill, depth to ground water and other factors as appropriate for identifying the presence and source of the release.
(b)Summarize the initial response actions taken pursuant to § 6204.
(c)Summarize the initial abatement actions taken pursuant to this chapter.
6203.12A responsible party shall determine whether free product is present. If any phase of the site investigation determines that free product is present, the responsible party shall begin free product removal as soon as practicable in accordance with § 6204 of this chapter.
6203.13A responsible party shall achieve the upper concentration limits (UCL) for benzene in groundwater, as set by the Director in § 6210. Fulfillment of the requirements of this section is a pre-requisite to the use of risk-based decisionmaking to develop a risk-based corrective action (RBCA) plan pursuant to § 6206.
6203.14Within sixty (60) days after release confirmation, a responsible party shall submit to the Director an Initial Site Assessment report for review, and if applicable, include the first monthly status report on the removal of free product. A responsible party shall submit a workplan for future site activities for the Director's information. A responsible party may request a meeting with the Director to discuss the workplan.