D.C. Mun. Regs. tit. 20, r. 20-6202
Current through Register Vol. 71, No. 52, December 27, 2024
Rule 20-6202 - REPORTING OF RELEASES OF REGULATED SUBSTANCES6202.1 A responsible party who has reason to suspect a release from an UST shall notify the Department by telephone or e- mail as stated in § 6201.2 within twenty-four (24) hours.
6202.2 The following persons who know of, or have reason to suspect, a release from an UST system shall notify the owner or operator of the release or suspected release immediately, and notify the Department by telephone or e- mail as stated in § 6201.2 within twenty-four (24) hours of first having knowledge of the release or suspected release:
(a) Any authorized agent, contractor, or consultant for a responsible party;(b) Any person who tests, installs, or permanently closes tanks;(c) Any person who engages in site investigation, assessment, remediation, or geotechnical exploration; or(d) Any public utility company or authorized agent of a public utility company.6202.3 The notification of a release or suspected release to the Department shall include, if known:
(a) The name of the UST system's owner and operator, and any other responsible party;(b) The location, date, time, volume, source, and cause of the release or suspected release;(c) The substance released or suspected to have been released;(d) Any immediate or ongoing action taken to mitigate the release;(e) Any hazardous conditions caused by the release; and(f) Any potential environmental hazard caused by the condition of the UST system. 6202.4 A responsible party shall not knowingly allow any release from an UST system to continue, and shall investigate and repair the problem causing the release as soon as possible.
6202.5 Each owner or operator of an UST system shall report the following conditions to the Department by telephone or e-mail as stated in § 6201.2 within twenty- four (24) hours of learning of the condition and shall follow the procedures in § 6203 whenever there is:
(a) A discovery of released regulated substances at the UST facility or in the surrounding area (such as the presence of free product or vapors in soils, basements, sewer and utility lines, or nearby surface water);(b) Unusual operating conditions in the UST system (such as erratic behavior of product dispensing equipment, sudden loss of product from the UST system, unexplained presence of water in the tank, or liquid in the interstitial space of a secondarily contained system), unless: (1) The system equipment or component is found not to be releasing regulated substances to the environment;(2) Any defective system equipment or component is immediately repaired or replaced; and(3) For a secondarily contained system, except as provided for in § 6011.11, any liquid in the interstitial space not used as part of the interstitial monitoring method (for example, brine filled) is immediately removed.(c) Monitoring results, including an alarm, from a release detection method required under §§ 6002 through 6013, that indicate a release may have occurred unless: (1) The monitoring device is found to be defective and is immediately repaired, recalibrated, or replaced, and additional monitoring does not confirm the initial result;(2) The leak is contained in the secondary containment and: (A) Except as provided for in § 6011.11, any liquid in the interstitial space not used as part of the interstitial monitoring method (for example, brine filled) is immediately removed; and(B) Any defective system equipment or component is immediately repaired or replaced;(3) When using the inventory control method described in § 6005, a second month of data does not confirm the initial result or an investigation determines that no release has occurred; or(4) The alarm was investigated and the cause is determined to be a non-release event (for example, from a power surge or caused by filling the tank during release detection testing).6202.6 A responsible party shall immediately investigate a suspected release or condition listed in § 6202.5 using the procedures in § 6203, and shall confirm whether a release has occurred within seven (7) days of the suspected release or discovery of the condition.
6202.7 If the Department has reason to believe a release has occurred, the Department may require the owner or operator of the UST to follow the procedures in § 6203.
D.C. Mun. Regs. tit. 20, r. 20-6202
Final Rulemaking published at 40 DCR 7835, 7885 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); amended by Final Rulemaking published at 67 DCR 1778 (2/21/2020)