D.C. Mun. Regs. tit. 20, r. 20-5501

Current through Register Vol. 71, No. 36, September 6, 2024

Rule 20-5501 - APPLICABILITY OF UST REGULATIONS

5501.1

The UST Regulations apply to all USTs and UST systems located in the District of Columbia, except as otherwise provided in this chapter, and to each owner, operator, regulated substance delivery person or company, authorized representative of an owner or operator, and other responsible or remediating party as set forth in the UST Regulations.

5501.2

When the UST Regulations require an owner or operator to take an action, the owner or the operator or both may be held liable for a violation. Responsible parties may be held jointly and severally liable for violations of t he provisions governing LUSTs, for any penalties assessed for those violations, and for the costs of corrective actions.

5501.3

The following USTs are exempt from the requirements of the UST Regulations :

(a) Any UST holding hazardous wastes listed or identified under Subtitle C of the Solid Waste Disposal Act, as amended, 42 USC §§ 6921et seq., or a mixture of any of those hazardous wastes and other regulated substances;

(b) Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under §§ 307(b) or 402 of the Clean Water Act, 33 USC §§ 1317(b) or 1342;

(c) Any UST system that contains a de minimis concentration of regulated substances as determined by the Department;

(d) Any emergency spill or overflow containment UST system that is expeditiously emptied after use;

(e) A septic tank;

(f) A pipeline facility (including gathering lines) that:

(1) Is regulated under 49 USC Chapter 601; or

(2) Is an intrastate pipeline facility regulated under state laws as provided 49 USC Chapter 601, and which is determined by the Secretary of Transportation to be connected to a pipeline, or to be operated or intended to be capable of operating at pipeline pressure or as an integral part of a pipeline;

(g) A surface impoundment, pit, pond, or lagoon;

(h) A stormwater or wastewater collection system;

(i) A flow-through process tank;

(j) A liquid trap and associated gathering lines directly related to oil or gas production and gathering operations;

(k) A storage tank situated in an underground area (such as a basement, cellar, mine working, drift, shaft, or tunnel) if the storage tank is situated on or above the surface of the floor and is no t covered by any earthen materials along its sides and bottom; and

(l) A farm or residential tank with a capacity of one thousand one hundred (1,100) gallons or less used for storing motor fuel for noncommercial purposes.

D.C. Mun. Regs. tit. 20, r. 20-5501

Final Rulemaking published at 40 DCR 7835, 7839 (November 12, 1993); as amended by Final Rulemaking published at 46 DCR 7699 (October 1, 1999); as amended by Final Rulemaking published at 56 DCR 6678 (August 21, 2009); amended by Final Rulemaking published at 67 DCR 1778 (2/21/2020)

Authority: District of Columbia Underground Storage Tank Management Act of 1990, effective March 8, 1991, D.C. Law 8-242, D.C. Official Code, § 8-113.01 et seq. (2008 Repl.), as amended, and Mayor's Order 2006-61, dated June 14, 2006