Section 20-6301. ENTRIES FOR INSPECTIONS AND MONITORING

 

6301.1Upon entry, the Director may do the following:

 

(a)Inspect the premises where the tanks are or were located and surrounding areas which may be impacted;

 

(b)Inspect and obtain samples of any regulated substance contained in any tank;

 

(c)Inspect and copy any record, report, information or test result required to be maintained pursuant to the Act or this subtitle, or relevant to the operation of any underground storage tank; and

 

(d)Conduct monitoring or testing of any tank, associated equipment, contents, surrounding soils, air, surface water, or ground-water.

 

6301.2Samples shall be handled as follows:

 

(a)If the Director obtains any sample, prior to leaving the premises, he or she shall give the owner, operator, or agent in charge, a receipt that describes the sample obtained, and if requested, a portion of the sample equal in volume or weight to the portion obtained. If any analysis is made of a sample, a copy of the results of the analysis shall be furnished promptly to the owner, operator, or agent in charge; and

 

(b)All samples obtained by the Director shall be labeled at the time the sample is collected. All samples shall be accompanied by a "Chain of Custody Manifest Form" each time the sample changes hands or is moved from one location to another. Samples shall be handled in accordance with the Department's Protocol.

 

6301.3The Director may require the owner, operator or other responsible party to provide information or records, to conduct monitoring or testing, or take any necessary corrective action in accordance with the requirements of § 5602 and Chapters 60 and 62.

 

6301.4When requiring the owner, operator or a responsible party to take action pursuant to the Act or this Subtitle, the Director may issue a Directive, which shall advise the owner, operator or a responsible party of the action he or she is required to take and shall state the time period within which the action must be performed, or may take other enforcement actions pursuant to Chapter 66.

 

6301.5The owner or operator of each UST system or another responsible party shall cooperate fully with inspections, monitoring, and testing conducted by the Director, as well as requests for document submission, testing, and monitoring by the owner, operator or responsible party pursuant to § 9005 of Subtitle I of the Resource Conservation and Recovery Act, as amended (the "RCRA"), 42 USC § 6901 et seq.

 

6301.6Where the Director makes a written request for submission of records, documents or other information, required to be maintained by the owner, operator or another responsible party or in the possession of the owner, operator or another responsible party, the records or documents shall be submitted to the Director within twenty (20) days of a request, unless a different time period is specified by the Director. This subsection shall not affect the requirement for immediate production of records or documents during an inspection as provided for in § 6301.1(c).

 

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, 7901 (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).