Section 20-6405. SITE PRIORITIZATION FOR FUND EXPENDITURES  


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    6405.1The Director shall prioritize all eligible leaking underground storage tank (LUST) sites based on factors that include consideration of the following:

     

    (a)The danger of fire or explosion;

     

    (b)The danger of toxic vapors;

     

    (c)The environmental setting of the site including proximity to potable water supply, ground water or surface waters which may be impacted;

     

    (d)The present and future uses of the affected aquifer or surface waters;

     

    (e)The potential for migration off-site;

     

    (f)The type of contaminant;

     

    (g)The size of the release (number of gallons of regulated substance lost);

     

    (h)Whether the leak is continuing or has been contained;

     

    (i)Whether publicly owned lands are impacted;

     

    (j)The degree to which human health, safety, or welfare may be affected by exposure to the contamination;

     

    (k)The size of the population or area affected by the contamination; and

     

    (l)The time that has elapsed since the release was detected.

     

    6405.2The priority list of sites shall be based on an ordering of scored sites that the highest scored site(s) will be of highest priority for response action and the lowest scored site will be of lowest priority for response action.

     

    6405.3The Director may adjust the priority list as necessary based upon changing environmental conditions, public health needs, cost effectiveness, efficiency, and available resources.

     

    6405.4Regardless of the position of a site on the priority list, the Director may initiate emergency action for those sites that, in the judgment of the Director, present an imminent hazard to human health and safety or where failure to prevent migration of a regulated substance would cause irreversible damage to the environment. Site classification pursuant to § 6206 shall be completed to evaluate the need for additional assessment or development of a corrective action plan.

     

source

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