Section 20-6403. PERMISSIBLE DISBURSEMENTS FROM THE FUND

 

6403.1The term corrective action, as used in this chapter, shall encompass any and all actions described in §§ 6202 through 6214 of this Subtitle, including but not limited to, preliminary investigations, initial response actions, initial abatement, free product removal, site assessment, site assessment plans, development and implementation of corrective action plans, remediation, monitoring, and well closure.

 

6403.2The Director may undertake corrective action where there is a release of a regulated substance into the environment, and may disburse UST Trust Fund monies for this purpose if the action is necessary to protect human health or the environment, and one or more of the following exist:

 

(a)No person can be found within ninety (90) days or a shorter period, as may be necessary to protect human health or the environment, who is:

 

(1)An owner or operator;

 

(2)Subject to the corrective action rules in Chapter 62 of this Subtitle; and

 

(3)Capable of proper implementation of the required corrective action; or

 

(b)A situation exists that requires immediate action by the Director to protect human health and the environment; or

 

(c)Corrective action costs at a facility exceed the amount of coverage required by the Director pursuant to Chapter 67 of this Subtitle and expenditures from the Fund are necessary to ensure an effective corrective action; or

 

(d)The responsible party has failed or refused to comply with an order issued by the Director, an Administrative Law Judge, or other representative of the Mayor, that requires compliance with the corrective action rules.

 

6403.3The Director may deem an action necessary to protect human health or the environment if any of the following conditions exist, or if a field investigation or site assessment is necessary to determine whether any of the following conditions exist:

 

(a)There is an accumulation of toxic, flammable or explosive vapors in dwellings, sewers, or in the surrounding area;

 

(b)There is floating free product on surface or ground water;

 

(c)There is soil, ground-water or surface water contamination above the maximum level permitted under District regulations;

 

(d)There is a spill or release of a regulated substance to the environment;

 

(e)There is a danger of migration of the release into the surface waters, ground waters, soils or air of the District of Columbia;

 

(f)The release poses a danger to plants or animals in the vicinity; or

 

(g)The release poses a danger to public health.

 

6403.4Except as provided in § 6403.5, disbursements may be made from the Fund to pay for the following:

 

(a)Costs of persons or companies performing corrective actions as defined in § 6403.1;

 

(b)Housing and relocation assistance for persons forced to relocate due to contamination from a LUST site;

 

(c)Costs related to cost recovery and enforcement proceedings;

 

(d)Provision of alternative water supplies;

 

(e)Exposure assessments;

 

(f)Costs of restoring property after assessment or remediation performed at the direction of UST Branch; and

 

(g)Administrative and operational costs incurred in the day-to-day administration of the UST Program including personnel costs, equipment, contract costs, supplies, training and travel. The costs shall not exceed two hundred fifty thousand dollars ($ 250,000) per year during the first three years that tanks are registered, after which a new "cap" shall be established by the Director.

 

6403.5Disbursements of costs recovered from responsible parties (based upon the expenditure of Federal LUST Trust Monies) which are deposited into the Fund may be made only for "cost eligible activities" permitted under federal law and regulations.

 

6403.6Disbursements from the Fund for corrective actions shall be made in accordance with the priority system set forth in § 6405.

 

6403.7Disbursements may be made to undertake corrective action where there is a release of a regulated substance as set forth in § 6403.2.

 

source

Final Rulemaking published at 40 DCR 7835, 7907 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999).