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D.C. Municipal Regulations (Last Updated: September 13, 2017) |
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Title 20. ENVIRONMENT |
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Chapter 20-67. UNDERGROUND STORAGE TANKS - FINANCIAL RESPONSIBILITY |
Section 20-6700. PETROLEUM UST SYSTEMS
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6700.1The provisions of this chapter shall apply to all owners and operators of petroleum underground storage tank (UST) systems, except as otherwise provided in this section.
6700.2State and federal government entities whose debts and liabilities are the debts and liabilities of a state or the United States or the District of Columbia government are exempt from the requirements of this section.
6700.3The requirements of this chapter do not apply to owners or operators of any UST system described in §§ 5501.3, 5502.1 or 5503.
6700.4If the owner and operator of a petroleum underground storage tank are separate persons, only the owner shall be required to demonstrate financial responsibility; however, both the owner and operator shall be liable for noncompliance.
6700.5An owner shall not be required to maintain financial responsibility under this section for an UST system after the UST system has been properly closed, in accordance with Chapter 61.
6700.6If corrective action is required before an UST or UST system is closed, the corrective action shall be completed in accordance with the applicable requirements of Chapter 62. After corrective action has been completed and the tank has been properly closed in accordance with Chapter 61, the owner shall no longer be required to demonstrate financial responsibility.
6700.7The amounts of demonstrated financial responsibility assurance required under this section shall not include legal defense costs.
6700.8The owner of one or more existing petroleum UST(s), who has not previously filed a Certification of Financial Responsibility with the Director, shall immediately file such a Certification of Financial Responsibility as described in § 6702.7, since all UST owners have been required to comply with the federal financial responsibility requirements since December 31, 1993, or earlier.
6700.9Within thirty (30) days after installation of a new UST, the owner of the petroleum UST shall file with the Director a Certification of Financial Responsibility as described in § 6702.7.
6700.10The owner of a petroleum UST system shall demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks in the per-occurrence amount of at least one million dollars ($ 1,000,000):
(a)For a petroleum UST that is located at a petroleum marketing facility; and
(b)For a petroleum UST that handles an average of more than ten thousand (10,000) gallons of petroleum per month based on annual throughput for the previous calendar year.
6700.11The owner of a petroleum UST system not covered under § 6700.10 shall demonstrate financial responsibility for taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum UST systems in the per-occurrence amount of five hundred thousand dollars ($ 500,000).
6700.12The owner of each petroleum UST shall demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks in at least the following annual aggregate amounts:
(a)The owner of one (1) to one hundred (100) petroleum UST's shall demonstrate financial responsibility in the amount of one million dollars ($ 1,000,000); and
(b)The owner of one-hundred-one (101) or more petroleum UST's shall demonstrate financial responsibility in the amount of two million dollars ($ 2,000,000).
6700.13For the purposes of § 6700.12 and § 6700.16 only, the term "petroleum UST" means a single containment unit and does not mean combinations of single containment units.
6700.14Except as provided in § 6700.15 of this section, if an owner uses separate mechanisms or separate combinations of mechanisms to demonstrate financial responsibility (for example, self-insurance for taking corrective action, liability insurance for compensating third parties for bodily injury and property damage caused by sudden accidental releases, and a separate policy of insurance for compensating third parties for bodily injury and property damage caused by non-sudden accidental releases), the amount of assurance provided by each separate mechanism or combination of mechanisms used for each purpose shall be in the full amount specified in §§ 6700.10, 6700.11 and 6700.12 of this section.
6700.15If an owner uses separate mechanisms or separate combinations of mechanisms to demonstrate financial responsibility for different UST's, the annual aggregate amount required under § 6700.12 shall be based on the number of tanks covered by each separate mechanism or separate combination of mechanisms.
6700.16Owners shall review the amount of aggregate assurance provided whenever one (1) or more additional petroleum UST's are acquired or installed. If, after review, the number of petroleum UST's for which financial responsibility must be demonstrated exceeds one hundred (100), the owner shall comply with the requirements of § 6700.12(b) of this section (at least two million dollars ($ 2,000,000) annual aggregate) by the anniversary of the date on which the mechanism demonstrating financial responsibility became effective. If financial responsibility is being demonstrated by a combination of mechanisms, the owner shall demonstrate financial responsibility in the amount of at least two million dollars ($ 2,000,000) of annual aggregate assurance by the first-occurring effective date anniversary of any one of the mechanisms combined (other than a financial test or guarantee) to provide assurance.
6700.17The per-occurrence and annual aggregate coverage amounts required under this section shall not in any way limit the liability of the owner or operator.