4008.9In addition to §§ 4008.5, 4008.6, 4008.7, 4008.8, 4008.10, and 4008.11, violation of any of the following provisions shall be a Class 2 infraction:
(a) 20 DCMR § 6004.1 (failure to regularly monitor petroleum UST system underground piping, in accordance with 20 DCMR § 6004);(b) 20 DCMR § 6004.4 (failure to use automatic line leak detectors that meet specified standards);(c) 20 DCMR § 6004.5 (failure to annually test for the proper operation of the automatic line leak detector in accordance with the manufacturer's instructions);(d) 20 DCMR § 6004.6 (failure to perform an annual line tightness test for underground piping that conveys regulated substances under pressure, in accordance with 20 DCMR § 6004.8, or to conduct monthly monitoring of piping, in accordance with 20 DCMR § 6004.10);(e) 20 DCMR § 6004.7 (failure to perform a line tightness test every three (3) years for underground piping that conveys regulated substances under suction, in accordance with 20 DCMR § 6004.8, or to conduct monthly monitoring of piping, in accordance with 20 DCMR § 6004.10);(f) 20 DCMR § 6004.11 (failure to check secondary containment systems on underground piping installed or replaced after February 8, 2007, for evidence of a release at least every thirty (30) days using interstitial monitoring);(g) 20 DCMR § 6005.3 (failure to conduct product inventory control monthly in specified manner);(h) 20 DCMR § 6006.1 (failure to conduct manual tank gauging in accordance with 20 DCMR § 6006);(i) 20 DCMR § 6006.6 (failure to follow requirements of 20 DCMR Chapter 62 for a suspected release following a specified variation in liquid level measurements);(j) 20 DCMR § 6013.6 (failure to comply with any conditions imposed by the Department upon approval of an alternative release detection method);(k) 20 DCMR § 6100.2 (failure to comply with the requirements of 20 DCMR § 6100 when a UST system is temporarily closed);(l) 20 DCMR § 6100.6 (failure to empty UST of product in accordance with 20 DCMR § 6100.9 during temporary closure of UST system);(m) 20 DCMR § 6100.7 (failure to comply with release detection requirements in accordance with 20 DCMR Chapter 60 during temporary closure of UST system);(n) 20 DCMR § 6100.9(a)-(c) (failure to empty UST system, open vent lines, and cap and secure all other lines, pumps, manways, and ancillary equipment within ninety (90) days after a UST system is temporarily closed);(o) 20 DCMR § 6100.9(d) (failure to submit required contractor certification form within seven (7) days after completing requirements for temporary closure of a UST system);(p) 20 DCMR § 6101.1 (failure to comply with 20 DCMR § 6101 when a UST system is permanently closed or undergoes a change-in-service);(q) 20 DCMR § 6101.2 (failure to submit UST activity notification form no less than two (2) weeks before beginning a permanent closure or a changein-service);(r) 20 DCMR § 6101.4 (failure to properly empty and clean the tank prior to each change-in-service);(s) 20 DCMR § 6101.5 (failure to properly empty and clean UST system prior to removing it from the ground);(t) 20 DCMR § 6101.6 (failure to remove from the ground a UST system that is to be closed permanently, unless the Department grants a variance pursuant to 20 DCMR § 6101.7);(u) 20 DCMR § 6101.9 (failure to empty, clean, and fill tank with an inert solid material and comply with 20 DCMR § 5500.05 when a tank removal variance is granted);(v) 20 DCMR § 6101.10 (failure to conduct a closure assessment of the excavation zone prior to permanent closure or a change-of-service of a UST system);(w) 20 DCMR § 6101.11 (failure to consider specified factors when selecting sample types, sample locations, and measurement methods for the closure assessment and to comply with other requirements of the Department for number of samples or location of borings or wells);(x) 20 DCMR § 6101.15 (failure to evaluate the excavation zone in accordance with specified requirements in the case of a release of a regulated substance);(y) 20 DCMR § 6101.16 (failure to submit a closure assessment report, including a closure notification form, within thirty (30) days after completing the permanent closure or change-in-service); or(z) 20 DCMR § 6102 (failure to assess the excavation zone and properly close a UST system that was previously closed-in-place, removed, or temporarily closed, as directed).4008.10In addition to §§ 4008.5, 4008.6, 4008.7, 4008.8, 4008.9, and 4008.11, violation of any of the following provisions shall be a Class 2 infraction:
(a) 20 DCMR § 6202.3 (failure to include required information in notification of release or suspected release);(b) 20 DCMR § 6203.6 (failure to consider appropriate selection factors and to comply with Departmental directives and protocols for sample types, sample locations, and measurement methods);(c) 20 DCMR § 6203.12 (failure to conduct initial site assessment to evaluate on-site conditions in accordance with specified requirements and any applicable protocols of the Department);(d) 20 DCMR § 6205.4 (failure to conduct site assessment activities in accordance with an appropriate health and safety plan and make plan available for inspection);(e) 20 DCMR § 6207.12 (failure to provide the Department with an opportunity to inspect the site at its request prior to implementation of the Corrective Action Plan);(f) 20 DCMR § 6210.8 (failure to remove all equipment, drums, and waste and ensure that all wells are properly abandoned within six (6) months following notice of no further action or case closure);(g) 20 DCMR § 6301.4 (failure to submit records, documents, or other information within twenty (20) days of a request, or other time frame specified by the Department);(h) 20 DCMR § 6500.1 (failure of any individual who performs UST system activities in the District to be a certified or to be supervised on-site by a certified individual);(i) 20 DCMR § 6500.2 (failure of individual performing or supervising UST installation, upgrade, retrofit, or repair to be a certified UST System Technician);(j) 20 DCMR § 6500.3 (failure of individual performing or supervising UST system closure-in-place or removal to be a certified UST System Technician or UST Closure Specialist);(k) 20 DCMR § 6500.4 (failure of individual performing a tightness test to be a certified UST System Tester);(l) 20 DCMR § 6500.5 (failure of a UST system owner or operator to ensure that any UST system activity is performed by, or is subject to the continuous on-site supervision of, a person certified to perform or supervise the activity under 20 DCMR Chapter 65);(m) 20 DCMR § 6500.7 (failure of a business that performs UST system activities in the District to be licensed by the Department and to employ individuals certified to perform each of the UST system activities for which the business is licensed);(n) 20 DCMR § 6500.9 (transferring a UST system certification or license);(o) 20 DCMR § 6502.1 (failure to designate at least one Class A, one Class B, and one Class C operator for each active UST facility);(p) 20 DCMR § 6502.2 (dispensing or storing a regulated substance when Class A, B, and C operators have not been designated and trained as required by 20 DCMR §§ 6502 and 6503);(q) 20 DCMR § 6502.6 (failure of trained operators to be readily available to respond to suspected or confirmed releases, other unusual operating conditions, emergencies, or equipment failures);(r) 20 DCMR § 6502.7 (failure to prominently display at the facility emergency contact information and emergency procedures for users of unmanned facilities);(s) 20 DCMR § 6503.1 (failure to ensure that all operators receive required training and retraining);(t) 20 DCMR § 6503.2 (failure of Class A and Class B operators for a petroleum UST system to complete required retraining within thirty (30) days of being notified that a UST system is out of compliance);(u) 20 DCMR § 6503.3 (failure of Class A operator to complete required training);(v) 20 DCMR § 6503.4 (failure of Class B operator to complete required training);(w) 20 DCMR § 6503.5 (failure of Class C operator to complete required training);(x) 20 DCMR § 6503.7 (failure to train a replacement Class A or B operator within thirty (30) days of the operator assuming duties);(y) 20 DCMR § 6503.8 (failure to train Class C operators prior to assuming duties as a Class C operator); or(z) 20 DCMR § 6503.9 (failure of training providers to obtain written approval from the Department prior to delivering training courses for Class A, B, and C operators).4008.11In addition to §§ 4008.5, 4008.6, 4008.7, 4008.8, 4008.9, 4008.10, and 4008.12, violation of any of the following provisions shall be a Class 2 infraction:
(a) 20 DCMR § 6503.10 (failure to maintain documentation that designated Class A, B, and C operators have received the required training and retraining for as long as they remain designated);(b) 20 DCMR § 6700.8 (failure to immediately file a certification of financial responsibility for an existing UST in accordance with 20 DCMR § 5500.4);(c) 20 DCMR § 6700.9 (failure to file a certification of financial responsibility with the Department within thirty (30) days after installation of a new UST or changing the substance stored to petroleum);(d) 20 DCMR § 6700.10 (failure to demonstrate minimum required per occurrence amount of financial responsibility for specified petroleum USTs);(e) 20 DCMR § 6700.11 (failure to demonstrate minimum required per occurrence amount of financial responsibility for petroleum USTs not covered by 20 DCMR § 6700.10);(f) 20 DCMR § 6700.12 (failure to demonstrate minimum required annual aggregate amount of financial responsibility);(g) 20 DCMR § 6700.16 (failure to meet new financial responsibility requirements on anniversary of effective date of financial responsibility mechanism, following acquisition or installation of additional USTs);(h) 20 DCMR § 6701.1 (failure to utilize mechanism(s) listed in 20 DCMR §§ 6703 through 6710 to demonstrate financial responsibility);(i) 20 DCMR § 6701.6 (failure to obtain alternate assurance of financial responsibility within thirty (30) days after the owner receives notice of any condition set forth in 20 DCMR § 6701.6(a)-(d));(j) 20 DCMR § 6701.7 (failure to update certification of financial responsibility within thirty (30) days of change in financial assurance mechanism);(k) 20 DCMR § 6702.8 (failure to submit current evidence of financial responsibility within thirty (30) days after identifying a UST release required to be reported under 20 DCMR § 6201 or § 6202);(l) 20 DCMR § 6702.9 (failure to submit current evidence of financial responsibility within thirty (30) days after receiving notice of the incapacity of a provider of assurance under 20 DCMR § 6701.6);(m) 20 DCMR § 6702.10 (failure to submit evidence of financial assurance or other relevant information as required by the Department);(n) 20 DCMR § 6703.4 (failure to obtain alternative assurance within specified time period when no longer meeting requirements of financial tests of self-insurance set forth in 20 DCMR §§ 6704 or 6705);(o) 20 DCMR § 6703.5 (failure to provide reports of financial condition as required by Department or failure to timely obtain alternate assurance following notification by Department);(p) 20 DCMR § 6703.6 (failure to notify the Department of the failure to timely obtain alternate assurance as required under 20 DCMR §§ 6703.4 or 6703.5);(q) 20 DCMR § 6706.1 (failure to comply with criteria in 20 DCMR § 6706 when obtaining a guarantee to meet financial responsibility requirements of 20 DCMR § 6700);(r) 20 DCMR § 6707.1 (failure to comply with requirements of 20 DCMR § 6707 when obtaining liability insurance to meet financial responsibility requirements of 20 DCMR § 6700);(s) 20 DCMR § 6708.1 (failure to comply with requirements of 20 DCMR § 6708 when obtaining a surety or performance bond to meet financial responsibility requirements of 20 DCMR § 6700);(t) 20 DCMR § 6709.1 (failure to comply with requirements of 20 DCMR § 6709 when obtaining a letter of credit to meet financial responsibility requirements of 20 DCMR § 6700);(u) 20 DCMR § 6710.1 (failure to comply with requirements of 20 DCMR § 6710 when establishing a trust fund to meet financial responsibility requirements of 20 DCMR § 6700);(v) 20 DCMR § 6714.4 (failure to send a copy of each notice of cancellation or termination of financial assurance to the Department in accordance with 20 DCMR § 5500.4 at the same time that notice is sent to the owner);(w) 20 DCMR § 6714.5 (failure to obtain alternative financial assurance coverage within sixty (60) days after receipt of notice of cancellation or non-renewal of financial assurance);(x) 20 DCMR § 6714.6 (failure to submit notification and required information following the failure to obtain alternate coverage within sixty (60) days after receipt of a notice of termination);(y) 20 DCMR § 6715.1 (failure to provide proper and timely notification of commencement of bankruptcy proceedings and to submit appropriate forms listed in 20 DCMR §§ 6702.4 through 6702.7 documenting financial responsibility); or(z) 20 DCMR § 6715.5 (failure to provide notification of failure to obtain alternate coverage within thirty (30) days after notification of bankruptcy or incapacity).4008.12In addition to §§ 4008.13, 4008.14, 4008.15, and 4008.16, violation of any of the following provisions shall be a Class 3 infraction:
(a) 20 DCMR § 5502.3 (failure to maintain records demonstrating compliance for systems exempted from corrosion protection requirements);(b) 20 DCMR § 5601.1 (failure to register a UST in accordance with 20 DCMR § 5601);(c) 20 DCMR § 5601.5 (failure to renew the registration for each UST before November 30 of each calendar year);(d) 20 DCMR § 5601.10 (failure of seller of UST to provide required notifications);(e) 20 DCMR § 5602.2 (failure to provide information under 20 DCMR §§ 5602.1(b), (c), (d), and (f), 6204.7, and 6205.3 to the District Fire Chief);(f) 20 DCMR § 5602.3 (failure to maintain specified records and information at the UST facility);(g) 20 DCMR § 5602.4 (failure to maintain specified records for required period and have records immediately available for inspection);(h) 20 DCMR § 5602.5 (failure to keep records required under 20 DCMR § 5602.3(d) either at the UST location or at another location where the records can be viewed by a person in the District);(i) 20 DCMR § 5602.6 (failure to deliver permanent closure records that cannot be kept at the facility or an alternative location in the District to the Department);(j) 20 DCMR § 5602.7 (failure to maintain records for required period);(k) 20 DCMR § 5603.6 (failure to provide notice at least twenty-four hours in advance of the time and date of any tank tightness test);(l) 20 DCMR § 5706.6 (failure to ensure that UST System Technician completes certification of compliance on UST notification form);(m) 20 DCMR § 5801.1 (failure to upgrade steel tanks in accordance with an approved code of practice);(n) 20 DCMR § 5801.2 (failure to submit plans and obtain approval from the Department before upgrading an existing tank to stage I vapor recovery);(o) 20 DCMR § 5801.3 (failure to comply with specified requirements for upgrading a UST by internal lining);(p) 20 DCMR § 5801.4 (failure to inspect the interior of a lined tank within ten (10) years after lining or every five (5) years thereafter, in order to ensure the lining is structurally sound, free of corrosion holes, and performing in accordance with original design specifications);(q) 20 DCMR § 5801.7 (upgrading a tank by cathodic protection without meeting the requirements of 20 DCMR §§ 5701.2 and 5701.3, and without following specified methods for ensuring the integrity of the tank);(r) 20 DCMR § 5801.8 (upgrading a tank by both internal lining and cathodic protection without meeting the requirements of 20 DCMR §§ 5902, 5701.2, and 5701.3);(s) 20 DCMR § 5902.12 (failure to ensure that certified UST System Technician completes certification of compliance on UST notification form);(t) 20 DCMR § 5903.2 (failure to notify the Department at least thirty (30) days prior to changing the product stored in a UST to a regulated substance containing greater than ten percent (10%) ethanol or greater than twenty percent (20%) biodiesel);(u) 20 DCMR § 5903.4 (failure to maintain records of compliance with 20 DCMR §§ 5903.2 and 5903.3 when storing regulated substances);(v) 20 DCMR § 5904.6 (failure to prepare required records following a walkthrough inspection);(w) 20 DCMR § 5904.7 (failure to maintain records of walkthrough inspections for ten (10) years);(x) 20 DCMR § 6000.6 (failure to install, calibrate, operate, and maintain each release detection system in accordance with the manufacturer's instructions);(y) 20 DCMR § 6000.8 (failure to provide written performance claims before installing a release detection system); or(z) 20 DCMR § 6001.1 (failure to properly maintain records demonstrating compliance with 20 DCMR Chapter 60).4008.13In addition to §§ 4008.12, 4008.14, 4008.15, and 4008.16, violation of any of the following provisions shall be a Class 3 infraction:
(a) 20 DCMR § 6001.2 (failure to maintain for at least ten (10) years written performance claims for release detection systems);(b) 20 DCMR § 6001.3 (failure to maintain for at least ten (10) years the results of any sampling, testing, or monitoring conducted under 20 DCMR Chapter 60);(c) 20 DCMR § 6001.4 (failure to retain results of tank tightness testing until the next test of the UST system);(d) 20 DCMR § 6001.5 (failure to maintain written documentation of all calibration, maintenance, and repair of release detection equipment for at least three (3) years);(e) 20 DCMR § 6001.6 (failure to retain for at least ten (10) years all schedules of required calibration and maintenance provided by the release detection equipment manufacturer);(f) 20 DCMR § 6001.7 (failure, after October 13, 2021, of an owner or operator using groundwater or vapor monitoring to maintain records signed by a qualified professional of site assessments conducted pursuant to 20 DCMR §§ 6009.7 or 6010.7);(g) 20 DCMR § 6005.3 (failure to conduct product inventory control monthly in the manner specified in 20 DCMR § 6005.3(a)-(f));(h) 20 DCMR § 6006.3 (failure to conduct manual tank gauging weekly);(i) 20 DCMR § 6006.4 (failure to properly take tank liquid level measurements and record measurements on approved form);(j) 20 DCMR § 6006.5 (failure to use proper manual tank gauging equipment);(k) 20 DCMR § 6007.3 (failure to use a tank tightness test that meets specified requirements);(l) 20 DCMR § 6008.1 (failure to use automatic tank gauging equipment that meets requirements of 20 DCMR § 6008);(m) 20 DCMR § 6008.2 (failure to ensure proper installation of tank gauging probe);(n) 20 DCMR § 6008.3 (failure to use automatic product level monitor test that meets specified requirements);(o) 20 DCMR § 6008.4 (failure to install tanks horizontally without tank tilt if automatic tank gauging is used);(p) 20 DCMR § 6008.5 (failure to inspect automatic tank gauging system at least every thirty (30) days);(q) 20 DCMR § 6008.6 (failure of automatic tank gauging equipment to meet the inventory control requirements of 20 DCMR § 6005.3);(r) 20 DCMR § 6008.7 (failure of the owner or operator to test for loss of product using one of the provided modes);(s) 20 DCMR § 6009.2 (failure to use proper backfill materials);(t) 20 DCMR § 6009.3 (failure of stored regulated substance or tracer compound to have sufficient volatility);(u) 20 DCMR § 6009.4 (vapor measurement rendered inoperative or less effective due to ground water, rainfall, soil moisture, or other known interference);(v) 20 DCMR § 6009.5 (background contamination in the excavation zone interfering with the vapor monitoring method);(w) 20 DCMR § 6009.6 (failure to use vapor monitor that is properly designed and operated);(x) 20 DCMR § 6009.7 (failure to assess the excavation zone as required before using vapor monitoring);(y) 20 DCMR § 6009.8 (failure to clearly and properly mark and secure monitoring wells); or(z) 20 DCMR § 6010.1 (failure to test and monitor for regulated substances in the ground water or in the tank excavation zone in accordance with 20 DCMR § 6010).4008.14In addition to §§ 4008.12, 4008.13, 4008.15, and 4008.16, violation of any of the following provisions shall be a Class 3 infraction:
(a) 20 DCMR § 6010.2 (failure of the regulated substance stored to be immiscible in water and have a specific gravity of less than one);(b) 20 DCMR § 6010.3 (ground water more than twenty (20) feet from the ground surface or hydraulic conductivity of the soils less than one hundredth of a centimeter per second (0.01 cm/sec) if testing or monitoring for regulated substances in ground water);(c) 20 DCMR § 6010.4 (failure to design slotted portion of monitoring well casing to prevent migration of natural soils or filter pack into the well and to allow entry of regulated substance on the water table into the well);(d) 20 DCMR § 6010.5 (failure to seal monitoring wells from the ground surface to the top of the filter pack);(e) 20 DCMR § 6010.6 (failure of monitoring wells or devices to intercept the excavation zone or be as close to the excavation zone as is technically feasible);(f) 20 DCMR § 6010.7 (failure to assess the excavation zone as required before using groundwater monitoring);(g) 20 DCMR § 6010.8 (failure to use continuous monitoring devices or manual methods capable of detecting at least one eighth (1/8) inch of free regulated substance);(h) 20 DCMR § 6010.9 (failure to clearly mark and secure each monitoring well to avoid unauthorized access or tampering);(i) 20 DCMR § 6011.2 (failure of an owner or operator of a UST system installed or replaced after February 8, 2007 to check for a release at least once every thirty (30) days using interstitial monitoring);(j) 20 DCMR § 6011.3 (failure to install an interstitial monitoring system that can detect a leak from any portion of the tank or piping system that routinely carries a regulated substance);(k) 20 DCMR § 6011.4 (failure to properly maintain the vacuum in vacuum monitoring);(l) 20 DCMR § 6011.5 (failure to follow the requirements of 20 DCMR Chapter 62 if vacuum falls below five (5) inches of mercury);(m) 20 DCMR § 6011.6 (failure to gain prior Department approval before re instituting a vacuum more frequently than once every three (3) months);(n) 20 DCMR § 6011.7 (failure to use sampling or testing method for a double-walled UST system capable of detecting a release through the inner wall);(o) 20 DCMR § 6011.8 (failure to use an automated device capable of detecting a release between the inner wall and the internally fitted liner and to use a liner that is compatible with the substance stored);(p) 20 DCMR § 6011.9 (failure of secondary barrier within the excavation zone to meet specified requirements);(q) 20 DCMR § 6011.10 (failure to use sampling or testing method capable of detecting a release between the UST system and the secondary barrier within the excavation zone);(r) 20 DCMR § 6011.11 (use of testing or sampling method that is rendered inoperative or less effective due to ground water, rainfall, soil moisture, or other known interference);(s) 20 DCMR § 6011.12 (failure to assess the site for a UST system with a secondary barrier within the excavation zone to ensure that the secondary barrier is always above the groundwater and not in a twenty-five (25) year floodplain);(t) 20 DCMR § 6011.13 (failure to clearly mark and secure monitoring wells for each UST system with a secondary barrier within the excavation zone to avoid unauthorized access or tampering);(u) 20 DCMR § 6011.15 (failure to repair, upgrade, or close a leaking inner or outer tank wall or liner as specified in 20 DCMR § 6203);(v) 20 DCMR § 6012.2 (failure to conduct monthly statistical inventory reconciliation in accordance with 20 DCMR § 6012.2(a)-(c));(w) 20 DCMR § 6012.3 (failure to verify the accuracy of a statistical inventory reconciliation method in accordance with 20 DCMR §§ 6012.2 and 6000.9);(x) 20 DCMR § 6012.4 (failure to obtain independent third party certification that a statistical inventory reconciliation method is accurate and maintain evaluation records for ten (10) years);(y) 20 DCMR § 6100.5 (failure to submit temporary closure notification form at least thirty (30) days before a UST system is temporarily closed); or(z) 20 DCMR § 6100.10 (failure to permanently close a UST system in accordance with 20 DCMR § 6101 after a UST system has been temporarily closed for twelve (12) months).4008.15In addition to §§ 4008.12, 4008.13, 4008.14, and 4008.16, violation of any of the following provisions shall be a Class 3 infraction:
(a) 20 DCMR § 6103.1 (failure to maintain records of compliance with closure requirements in accordance with 20 DCMR § 5602);(b) 20 DCMR § 6103.2 (failure to properly maintain closure assessment results for at least ten (10) years after completion of permanent closure or change-in-service);(c) 20 DCMR § 6103.3 (failure to deliver records demonstrating compliance with 20 DCMR Chapter 61 to the Department after ten (10) years);(d) 20 DCMR § 6203.14 (failure to submit initial site assessment report and any applicable monthly status report within sixty (60) days after release confirmation, or failure to submit a work plan for future site activities);(e) 20 DCMR § 6204.7 (failure to prepare and submit a status report on the removal of any free product in accordance with 20 DCMR § 5500.4);(f) 20 DCMR § 6204.8 (failure to submit a status report within sixty (60) days of release confirmation and then once every quarter until the Department determines the free product removal is complete);(g) 20 DCMR § 6207.13 (failure to monitor, evaluate, and timely report the results of corrective action plan implementation);(h) 20 DCMR § 6207.16 (failure to evaluate the effectiveness of the corrective action plan at the end of each year of implementation);(i) 20 DCMR § 6210.2 (failure to maintain for at least three (3) years all records and reports documenting the transport and disposal of wastes generated at a UST site while the corrective action plan is being carried out);(j) 20 DCMR § 6500.6 (failure of certified UST System Technician, Closure Specialist, or Tester to carry and make available for inspection the identification card or certificate issued by the Department at all times while conducting the applicable UST activity);(k) 20 DCMR § 6500.8 (failure of business licensed to perform UST system activities to provide list of employees who are not certified but who perform supervised on-site UST activities);(l) 20 DCMR § 6500.10 (failure to surrender certification or license to the Department within ten (10) business days after closure or termination of a business);(m) 20 DCMR § 6502.3 (failure of a Class A operator to meet all requirements or duties, as provided under 20 DCMR § 6502.3(a)-(c));(n) 20 DCMR § 6502.4 (failure of a Class B operator to meet all requirements or duties, as provided under § 6502.4(a)-(c));(o) 20 DCMR § 6502.5 (failure of a Class C operator to meet all requirements or duties, as provided under § 6502.5(a)-(c));(p) 20 DCMR § 6502.9 (failure to maintain required list of designated operators);(q) 20 DCMR § 6502.10 (failure to keep a copy of the requisite documentation on site and available for inspection at the UST facility);(r) 20 DCMR § 6502.11 (failure to conspicuously post Class C operator and owner contact information at unstaffed facilities);(s) 20 DCMR § 6702.1 (failure to maintain a copy of each financial assurance mechanism until released from financial responsibility requirements under 20 DCMR § 6700.5 or § 6700.6);(t) 20 DCMR § 6702.2 (failure to make available to the Department upon request, records of financial assurance maintained off-site);(u) 20 DCMR § 6702.3 (failure to maintain a copy of the appropriate assurance instrument in the prescribed form);(v) 20 DCMR § 6702.4 (failure to maintain a copy of chief financial officer's letter of assurance when using a financial test of self-insurance or guarantee);(w) 20 DCMR § 6702.5 (failure to maintain a copy of signed standby trust fund agreement when using a guarantee, surety bond, or letter of credit);(x) 20 DCMR § 6702.6 (failure to maintain a copy of signed insurance policy or risk retention group coverage policy and endorsement or certificate of insurance);(y) 20 DCMR § 6702.7 (failure to maintain copy of certification of financial responsibility in prescribed form); or(z) 20 DCMR § 6706.4 (failure to properly demonstrate to the owner within one hundred twenty (120) days after the close of each financial reporting year that the guarantor meets the financial test criteria of 20 DCMR §§ 6704 or 6705).4008.16In addition to §§ 4008.12, 4008.13, 4008.14, and 4008.15, violation of any of the following provisions shall be a Class 3 infraction:
(a) 20 DCMR § 6706.5 (failure to timely notify the owner by certified mail before cancellation or non-renewal of the guarantee if the guarantor fails to meet the requirements of the financial test at the end of any financial reporting year);(b) 20 DCMR § 6706.6 (failure to timely notify owner by certified mail if guarantor no longer meets the requirements of the financial test of §§ 6704 or 6705 or 6703.3);(c) 20 DCMR § 6711.1 (failure of an owner using any of the financial responsibility mechanisms authorized under 20 DCMR §§ 6706, 6708, or 6709 to establish a standby trust fund when the mechanism is acquired);(d) 20 DCMR § 6711.2 (failure of a standby trust fund to have trustee with authority to act as a trustee and whose trust operations are regulated and examined by an agency of the federal government or the District of Columbia);(e) 20 DCMR § 6711.3 (failure of standby trust agreement or trust agreement to be in the prescribed form and accompanied by certification of acknowledgement in the prescribed form);(f) 20 DCMR § 6712.1 (failure to place funds in standby trust as required by the Department);(g) 20 DCMR § 6712.2 (failure to place funds in standby trust as required by the Department);(h) 20 DCMR § 6713.1 (failure to timely replenish the value of financial assurance or acquire another financial assurance mechanism if amount in a standby trust is reduced below full amount of coverage required);(i) 20 DCMR § 6714.2 (termination of guarantee, surety bond, or letter of credit prior to one hundred twenty (120) days following owner's receipt of notice of termination);(j) 20 DCMR § 6714.3 (termination of insurance or risk retention group coverage prior to sixty (60) days following owner's receipt of notice of termination or, in the case of non-payment of premiums or misrepresentation, prior to ten (10) days following owner or operator's receipt of notice of termination); or(k) 20 DCMR § 6715.2 (failure of guarantor to provide proper and timely notification to owner of bankruptcy proceeding as required under terms of the guarantee specified in 20 DCMR § 6706).4008.17Violation of any of the following provisions shall be a Class 4 infraction:
(a) 20 DCMR § 5601.6 (failure to post a copy of the current UST registration certificate in a visible location at the facility at all times); or(b) Violation of any provision of the District of Columbia Underground Tank Management Act of 1990, effective March 8, 1991, as amended (D.C. Law 8-242; D.C. Official Code §§ 8-113.01 to 8-113.12), or the District of Columbia Underground Storage Tank Regulations, 20 DCMR Chapters 55-67, which is not cited elsewhere in this section, shall be a Class 4 infraction.