D.C. Mun. Regs. tit. 20, r. 20-6700

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 20-6700 - PETROLEUM UST SYSTEMS

6700.1

The owner and operator of a petroleum UST shall demonstrate financial responsibility in accordance with the provisions of this chapter, except as otherwise provided in this section, for taking corrective action and compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs.

6700.2

State and federal government entities whose debts and liabilities are the debts and liabilities of a state, the United States, or the District of Columbia government are exempt from the requirements of this chapter.

6700.3

The requirements of this chapter do not apply to owners or operators of any UST described in §§ 5501.3 or 5503.

6700.4

If the owner and operator of a petroleum UST are separate persons, only the owner is required to demonstrate financial responsibility; however, both the owner and operator are liable for noncompliance.

6700.5

An owner is not required to maintain financial responsibility under this chapter for an UST after the UST has been permanently closed or undergone a change- in-service in accordance with Chapter 61, except as provided in § 6700.6.

6700.6

If the closure assessment performed in accordance with § 6101 indicates that corrective action is needed, the owner or operator shall maintain financial responsibility until the corrective action is completed in accordance with Chapter 62.

6700.7

The amounts of financial assurance required under this section do not include legal defense costs.

6700.8

The owner of any petroleum UST who has not previously filed a certification of financial responsibility with the Department shall immediately file, in accordance with § 5500.4, the certification in the form prescribed by Appendix 67-1 (Certification of Financial Responsibility).

6700.9

Within thirty (30) days after installation of a new petroleum UST or changing the substance stored in an UST to petroleum, the owner of the petroleum UST system shall file a certification of financial responsibility with the Department as described in § 6700.8.

6700.10

The owner of a petroleum UST shall demonstrate financial responsibility in the per-occurrence amount of at least one million dollars ($1,000,000):

(a) For a petroleum UST that is located at a petroleum marketing facility; and

(b) For a petroleum UST that handles an average of more than ten thousand (10,000) gallons of petroleum per month based on annual throughput for the previous calendar year.

6700.11

The owner of a petroleum UST not covered under § 6700.10 shall demonstrate financial responsibility in the per-occurrence amount of five hundred thousand dollars ($500,000).

6700.12

The owner of a petroleum UST shall demonstrate financial responsibility in at least the following annual aggregate amounts:

(a) For an owner of one (1) to one hundred (100) petroleum USTs, one million dollars ($1,000,000); and

(b) For an owner of one-hundred-one (101) or more petroleum USTs, two million dollars ($2,000,000).

6700.13

For the purposes of §§ 6700.12 and 6700.16 only, the term "petroleum UST" means a single containment unit and does not mean combinations of single containment units.

6700.14

Except as provided in § 6700.15, if an owner uses separate mechanisms or separate combinations of mechanisms authorized under § 6701, the amount of assurance provided by each separate mechanism or combination of mechanisms shall be meet the aggregate amount specified in §§ 6700.10 through 6700.12.

6700.15

If an owner uses separate mechanisms or separate combinations of mechanisms to demonstrate financial responsibility for different USTs, the annual aggregate amount required under § 6700.12 shall be based on the number of tanks covered by each separate mechanism or separate combination of mechanisms.

6700.16

Owners shall review the amount of aggregate assurance required whenever one (1) or more additional petroleum USTs are acquired or installed. If, after review, the number of petroleum USTs for which financial responsibility must be demonstrated exceeds one hundred (100), the owner shall comply with the requirements of § 6700.12(b) by the anniversary of the date on which the mechanism demonstrating financial responsibility became effective. If financial responsibility is being demonstrated by a combination of mechanisms, the owner shall demonstrate financial responsibility in the amount of at least two million dollars ($2,000,000) of annual aggregate assurance by the first-occurring effective date anniversary of any one of the mechanisms, combined (other than a financial test or guarantee) to provide assurance.

6700.17

The per-occurrence and annual aggregate coverage amounts required under this section shall not in any way limit the liability of the owner or operator.

D.C. Mun. Regs. tit. 20, r. 20-6700

Final Rulemaking published at 43 DCR 2799 (May 24, 1996), incorporating text of Proposed Rulemaking published at 42 DCR 5765, 5767 (October 20, 1995); 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.