D.C. Mun. Regs. tit. 20, r. 20-6210

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

Rule 20-6210 - NO FURTHER ACTION AND CASE CLOSURE REQUIREMENTS

6210.1

A responsible party may request a no further action letter or a case closure letter by submitting a written request to the Department in accordance with § 5500.4. The responsible party or an authorized representative shall sign the request. The request shall include a summary of the site investigation and remediation process, including the following:

(a) The source and cause of the release if known;

(b) The estimated quantity by volume or mass and type of product released;

(c) The estimated amount of product recovered;

(d) An analysis demonstrating that the site meets the screening or target levels for cleanup established by the Department in §§ 6208 or 6209 as applicable; and

(e) All documents (such as permits, certificates, or approvals) relating to the transportation and disposal of solid and liquid wastes from the site (such as tanks, soils, product, or water), unless previously submitted to the Department, and if previously submitted, a list containing the names of the documents, dates of submission, and the division of the Department to which the documents were submitted.

6210.2

All records or reports documenting the transport and disposal of any free product, contaminated water or soil, or other waste generated at the site during implementation of the corrective action plan shall be maintained by the responsible party for a period of at least three (3) years from the date of issuance of no further action or case closure letter.

6210.3

The Department may issue a no further action or case closure letter only if it is satisfied that:

(a) The responsible party has implemented all corrective actions required by the Department;

(b) All free product has been removed to the maximum extent practicable; and

(c) The site does not pose a threat to human health or the environment.

6210.4

The Department may issue case closure letter if:

(a) The requirements for case closure set forth in §§ 6210.1 and 6210.3 have been met; and

(b) The site meets Tier 0 or Tier 1 cleanup standards.

6210.5

The Department may issue a no further action letter if:

(a) All of the corrective actions required by the Department have been implemented; and

(b) The corrective action achieved less than a complete cleanup under Tier 0 or Tier 1 standards or only achieved Tier 2 site-specific target levels.

6210.6

A case closure or no further action letter does not absolve a responsible party from previously incurred or potential future liability.

6210.7

If the Department denies the request for no further action or case closure, the responsible party may conduct further remediation or appeal the denial in accordance with § 6604.

6210.8

The responsible party shall remove all equipment, drums, and waste from the site and ensure that all wells are properly abandoned within six (6) months of receiving a no further action or case closure letter, unless otherwise authorized by the Department. The responsible party shall obtain a well abandonment permit if required under 21 DCMR Chapter 16.

6210.9

A no further action letter may include conditions such as monitoring chemicals of concern in indoor air (vapor intrusion), soil vapor, soil, or water, and reporting the monitoring results to the Department, or maintaining engineering and institutional controls.

6210.10

The Department may require the responsible party to execute and record an environmental covenant in accordance with D.C. Official Code §§ 8-671.01 through 8-671.14 to ensure compliance with the terms and conditions of a no further action letter. The environmental covenant may include activity and use limitations and any other information, restrictions, or requirements authorized under D.C. Official Code § 8-671.03.

6210.11

The Department may rescind any letter that is obtained through fraud or misrepresentation.

D.C. Mun. Regs. tit. 20, r. 20-6210

Final Rulemaking published at 40 DCR 7835, 7896 (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)