Section 20-6302. ENTRY FOR CORRECTIVE ACTION

 

6302.1The Director may enter upon property to perform, or cause to be performed, release response and corrective actions which are necessary to protect human health or the environment in any of the following circumstances, upon compliance with the notice requirements of this section:

 

(a)Where no person can be found within ninety (90) days who is an owner or operator subject to the requirements of Chapter 62, and capable of proper implementation of the required corrective action;

 

(b)Where a situation exists which requires immediate action by the Director to protect human health and the environment;

 

(c)Where corrective action costs at a facility exceed the amount of coverage required by the Director pursuant to the financial responsibility requirements and action by the Director is necessary to ensure an effective corrective action; or

 

(d)Where the responsible party has failed or refused to comply with an order issued by the Director requiring compliance with the corrective action rules.

 

6302.2Except as provided in § 6302.4, the Director shall provide written notice of his or her intention to enter the property to take corrective action, at least ten (10) working days prior to commencing work, and shall serve the notice in the following manner:

 

(a)By personal delivery to the owner, operator or agent in charge employed by the owner or operator, or to a person of suitable age and discretion, over sixteen (16) years of age, residing or employed at the address of the owner or operator at the premises;

 

(b)By registered mail, return receipt requested to the last known address of the owner or operator; or

 

(c)If service cannot be effected as provided in paragraph (a) or (b) of this subsection, then service shall be effected as follows:

 

(1)By publishing the notice once a week for three (3) weeks in a newspaper of general circulation in the District of Columbia, and

 

(2)By conspicuous posting of the notice on the property.

 

6302.3Where the owner or operator is a corporation, any notice to be served, if served on the president, treasurer, general manager, or any principal officer of such corporation in the manner provided in § 6302.2, shall be deemed to have been served on the corporation. If the owner or operator is a foreign corporation, service on the registered agent of the corporation shall also be deemed service on the corporation.

 

6302.4Where a release of a regulated substance from an underground storage tank creates an imminent threat to human health or the environment necessitating summary corrective action, and the emergency nature of the situation makes it impractical to give prior notice as provided in § 6302.2, the Director may provide notice by conspicuous posting on the property at the earliest time feasible, prior to commencing work. Even if personal service or service by registered mail is effected, notice shall also be provided by posting.

 

6302.5 Except as provided in §6302.4, the written notice of intention to begin corrective action shall contain the following information:

 

(a) The name and address of the owner of the property;

 

(b) The name and address of the owner or operator or other responsible party to whom the notice is directed;

 

(c) A statement of the authority pursuant to which the director is taking the corrective action;

 

(d) A brief summary of the corrective actions to be taken and the conditions in need of correction;

 

(e) A description of the location where work will take place, including both street address, and lot and square numbers or, where there are no lot and square numbers, the parcel number;

 

(f) Notice of any applicable hearing rights to which the owner or operator is entitled under the Act or under Chapter 66, if such a notice has not already been served;

 

(g) A statement that the Director will pursue cost recovery against the responsible party for all corrective action costs and related expenses;

 

(h) The name, position, office address, and phone number of the employee issuing the notice and the name and phone number of the appropriate contact person within the Department; and

 

(i)The signature of the Program Manager of the Toxic Substances Division, Environmental Protection Administration, or other designated representative of the Director.

 

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, 7902 (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).