Section 20-6406. RECOVERABLE COSTS

 

6406.1Whenever District of Columbia UST Trust Fund monies or Federal LUST Trust Monies are expended, for undertaking corrective or enforcement action with respect to the release of a regulated substance from an underground storage tank, the responsible party or parties shall be jointly and severally liable to the District government for the costs.

 

6406.2Recoverable costs shall include the following:

 

(a)All costs related to identification and notification of owners, operators and other responsible parties, and enforcement actions against a responsible party;

 

(b)All costs related to investigation, assessment, cleanup, and monitoring of sites;

 

(c)Indirect costs incurred by the District based upon the formula negotiated annually with the appropriate federal agency;

 

(d)All expenditures reasonably related to inducing a recalcitrant responsible party to comply and to recovering cleanup expenditures including salaries and other expenses associated with case development, negotiations and litigation;

 

(e)Expenditures related to oversight of responsible party cleanups;

 

(f)Legal costs associated with protracted negotiations, issuance of cleanup orders and litigation to compel reluctant responsible parties to clean up or pay clean-up costs; and

 

(g)Interest at the rate of six percent (6%) per annum.

 

source

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