D.C. Mun. Regs. tit. 20, r. 20-6100

Current through Register Vol. 72, No. 2, January 10, 2025

Rule 20-6100 - TEMPORARY CLOSURE

6100.1

For purposes of this section, an UST shall be deemed temporarily closed when it is taken out of service for any reason and is not being used to receive or dispense product.

6100.2

When an UST is temporarily closed, the owner or operator of the UST shall comply with the requirements of this section.

6100.3

An UST in temporary closure is subject to the registration requirements in § 5601 and the corrosion protection requirements in § 5901.

6100.4

A heating oil tank shall not be deemed temporarily closed until fifteen (15) months after it is last used to receive or dispense product, unless it cannot be used to dispense product in accordance with the UST Regulations.

6100.5

The owner or operator of an UST shall submit a temporary closure notification form, which is available on the Department's website at https://doee.dc.gov/page/ust-forms- guidance-and-public-documents, to the Department at least thirty (30) days prior to the temporary closure of the UST.

6100.6

The UST shall be emptied of product in accordance with § 6100.9 during temporary closure.

6100.7

During the period when the UST system is temporarily closed and still contains product, the owner or operator shall comply with release detection requirements in Chapter 60.

6100.8

If a release is suspected or confirmed during the period when the UST is temporarily closed, the owner or operator shall immediately comply with § 6100.9 and the applicable requirements of Chapter 62.

6100.9

Within ninety (90) days after an UST is temporarily closed, the owner or operator shall do the following:

(a) Remove all regulated substances from the UST and keep the UST empty for the balance of the temporary closure period. The UST system shall be deemed to be empty when all materials have been removed using commonly employed practices so that either of the following is achieved:

(1) No more than two and one half centimeters (2.5 cm) of residue remains in the UST; or

(2) No more than three tenths of one percent (0.3%) by weight of the total capacity of the UST system remains in the system;

(b) Ensure that all vent lines are open and functioning;

(c) Cap and secure all other lines, pumps, manways, and ancillary equipment; and

(d) Within seven (7) days after completing the activities required by §§ 6100.9(a) through (c), the owner or operator shall submit to the Department an amended UST facility notification form pursuant to § 5600.1 that is :

(i) Signed by the UST System Technician who performed the activities stated in §§ 6100.9(a) through (c); or

(ii) Signed by an UST System Technician who has inspected and verified that the owner or operator performed the activities stated in §§ 6100.9(a) through (c).

6100.10

Except as provided in §§ 6100.11 through 6100.12, the owner or operator shall permanently close the UST in accordance with the requirements of § 6101 once the UST has been temporarily closed for twelve (12) months.

6100.11

The owner or operator may submit a written request for an extension to the Department not less than thirty (30) days before the expiration of the twelve (12) month temporary closure period. The request for extension shall include results of a site assessment, conducted in accordance with §§ 6101.10 through 6101.12, of the soil and groundwater conditions near the UST and information about any corrective action taken to address any contamination discovered by the assessment due to any release from the UST.

6100.12

The Department may approve a request for extension of the temporary closure period for two (2) additional twelve (12) month periods. The Department may approve additional extensions only if the Director determines that the additional extension is justified based on good cause shown.

D.C. Mun. Regs. tit. 20, r. 20-6100

Final Rulemaking published at 40 DCR 7835, 7878 (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)

AUTHORITY: Unless otherwise noted, the authority for this chapter is § 13 of the District of Columbia Underground Storage Tank Management Act of 1990, as amended, D.C. Law 8-242, D.C. Code § 6-995.1 et seq. (1995 Repl. Vol.), Mayor's Order 91-160 dated October 9, 1991; and the District of Columbia Water Pollution Control Act of 1984, D.C. Law 5-188, D.C. Code 6-921 (1995 Repl. Vol.), Mayor's Order 85-152 dated September 12, 1985).