D.C. Mun. Regs. tit. 20, r. 20-7099
When used in the UST Regulations, the following terms and phrases shall have the meanings ascribed:
Accidental release - any release of petroleum, neither expected nor intended by the tank owner or operator, arising from operating an underground storage tank that results in the need for corrective action or compensation for bodily injury or property damage.
Act - the District of Columbia Underground Storage Tank Management Act of 1990, effective March 8, 1991 (D.C. Law 8-242; D.C. Official Code §§ 8-113.01et seq.).
Agent in charge - a person designated by an owner or operator with direct supervisory responsibility for an activity or operation at a facility, such as the transfer of a regulated substance to or from any point in the facility.
Airport hydrant fuel distribution system or airport hydrant system - an UST system used to fuel aircraft and that operates under high pressure with large diameter piping that typically terminates into one or more hydrants or fill stands. The airport hydrant system begins where fuel enters one or more tanks from an external source, such as a pipeline, barge, rail car, or other motor fuel carrier.
Ancillary equipment - any device, including but not limited to piping, fittings, flanges, valves, and pumps, used to distribute, meter, or control the flow of regulated substances to and from an UST.
Authorized agent - a person authorized by appointment or by law to receive service of process for another person, including a registered agent.
Beneath the surface of the ground - located under the land's surface or covered with earthen materials.
Bodily injury - the meaning given to this term under applicable District of Columbia law; however, the term shall not include those liabilities which, consistent with standard insurance industry practices, are excluded from coverage in liability insurance policies for bodily injury.
Cathodic protection - a technique to prevent corrosion of a metal surface by making the surface the cathode of an electrochemical cell. For example, a tank system can be cathodically protected through the application of either galvanic anodes or impressed current.
Change-in-service - the transition from storing a regulated substance in an UST system to storing a non-regulated substance, such as water, in the UST system.
Chemical(s) of concern - constituents of a regulated substance that are identified for evaluation in the risk assessment process.
Class A operator - the individual who has primary responsibility to operate and maintain the UST system in accordance with applicable requirements of the Act and UST Regulations. The Class A operator typically manages resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements.
Class B operator - the individual who has day-to-day responsibility for implementing applicable regulatory requirements of the Act and UST Regulations. The Class B operator typically implements in- field aspects of operations, maintenance, and associated recordkeeping for the UST system.
Class C operator - the individual responsible for initially addressing emergencies presented by a spill or release from an UST system. The Class C operator typically controls or monitors the dispensing or sale of regulated substances.
Closure -in-place - a method of permanently closing an UST system that cannot be removed from the ground by removing all of the regulated substances left in the UST system and filling the tank with inert material.
Compatible - the ability of two (2) or more substances to maintain the respective physical and chemical properties upon contact with one another for the design life of the UST system under conditions likely to be encountered in the UST.
Consumptive use - when describing heating oil use, consumed on the premises where the UST is located.
Containment sump - a liquid-tight container that protects the environment by containing leaks and spills of regulated substances from piping, dispensers, pumps, and related components in the containment area. Containment sumps may be single walled or secondarily contained and located at the top of tank (such as a tank top or submersible turbine pump sump), underneath the dispenser (such as a under-dispenser containment sump), or at other points in the piping run (such as a transition or intermediate sump).
Corrective action - the sequence of actions that address a release or threatened release from an UST or UST system, which include site investigation, initial response and abatement, free product removal, well installation, site assessment, development of a corrective action plan, remediation, site monitoring, and well closure.
Corrosion expert - a person who is accredited or certified as being qualified by the National Association of Corrosion Engineers, or is a registered professional engineer with certification or licensing that includes education and experience in corrosion control of buried or submerged metal piping systems and metal tanks.
Department - the District of Columbia Department of Energy and Environment.
Dielectric material - a material that does not conduct direct electrical current. Dielectric coatings are used to electrically isolate UST systems from the surrounding soils. Dielectric bushings are used to electrically isolate portions of the UST system from one another, such as a tank from piping.
Dispenser - equipment located aboveground that dispenses regulated substances from the UST system.
Dispenser system - the dispenser and the equipment necessary to connect the dispenser to the UST system.
District - the District of Columbia.
Earthen materials - earth, soil, ground, clay, gravel, sand, silt, and rock.
Electrical equipment - underground equipment that contains dielectric fluid that is necessary for the operation of equipment, such as transformers and buried electrical cable.
Emergency generator tank - an UST that stores fuel solely for the use of emergency power generation or backup systems.
Engineering control - a physical modification to a site or facility (such as a slurry wall, cap, vapor barrier, or point of use water treatment system) to reduce or eliminate the potential for exposure to chemical(s) of concern.
Environmentally sensitive receptor - a wetland; wildlife breeding or wintering area for a species of concern; habitat for an endangered plant or animal species; federal or local park; or other area or thing that can be adversely impacted by exposure to pollution or contamination.
Excavation zone - the volume containing the UST system and backfill material bounded by the ground surface, walls, and floor of the pit and trenches into which the UST system is placed at the time of installation.
Existing UST system - an UST system used to contain a regulated substance for which installation commenced on or before November 12, 1993. Installation is considered to have commenced if the owner or operator obtained all federal and District of Columbia government approvals or permits necessary to begin physical construction of the facility or installation of the tank system, and either:
Exposure - an organism's contact with chemical(s) of concern that may be absorbed at the exchange boundaries (such as skin, lungs, and liver).
Exposure assessment - an assessment to determine the extent of exposure of, or potential for exposure of, receptors to regulated substances from a release from an UST based on factors such as the nature and extent of the contamination, the existence of or potential for exposure pathways (including ground or surface water contamination, air emissions, and food chain contamination), the size of the community within the likely pathways of exposure, and the comparison of expected exposure levels to the short-term and long-term health effects associated with identified contaminants and any available recommended exposure or tolerance limits for such contaminants.
Exposure pathway - the course a chemical (or chemicals) of concern takes from the source area(s) to an exposed organism. An exposure pathway describes a unique mechanism by which an individual or population is exposed to a chemical(s) of concern originating from a site. Each exposure pathway includes a source or release from a source, a point of exposure, and an exposure route. If the exposure point differs from the source, a transport medium (such as air) is also included.
Exposure route - the manner in which a chemical(s) of concern comes in contact with an organism (such as ingestion, inhalation, or dermal contact).
Facility - a location containing one (1) or more underground storage tanks .
Farm tank - a tank located on a tract of land devoted to the production of crops or raising animals, including fish, and associated residences and improvements. A farm tank must be located on the farm property. Farms include fish hatcheries, rangeland, and nurseries with growing operations.
Field-constructed tank - a tank constructed in the field, such as a tank constructed of concrete that is poured in the field, or a steel or fiberglass tank primarily fabricated in the field.
Financial reporting year - the latest consecutive twelve (12) month period for which any of the following reports used to support a financial test is prepared:
Flow-through process tank - a tank that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of materials during the operation of the process. Flow-through process tanks do not include tanks used for the storage of materials prior to their introduction into the production process, or for the storage of finished products or by-products from the production process.
Free product - a regulated substance that is present as a non-aqueous phase liquid.
Gathering line - any pipeline, equipment, facility, or building used in the transportation of oil or gas during oil or gas production or gathering operations.
Green remediation - integrating environmentally beneficial or neutral practices into decision making, design, and implementation of remedial action, including conservation of natural resources, efficient use of energy, protection of air quality, recycling wastes, and minimizing pollution at the source.
Guarantor - any person, other than the owner, who provides evidence of financial responsibility for the underground storage tank facility.
Hazard index - the sum of two (2) or more hazard quotients for all relevant chemicals of concern and each of their exposure pathways.
Hazard quotient - the ratio of the level of exposure of a chemical of concern over a specified time period to a reference dose for that chemical of concern derived for a similar exposure period and exposure pathway.
Hazardous substance - a hazardous substance as defined in § 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 USC § 9601(14) (but not including any substance regulated as a hazardous waste under Subtitle C of the Resource Conservation and Recovery Act of 1976, 42 USC §§ 6901et seq.).
Hazardous substance UST system - an UST system that contains a hazardous substance, or any mixture of hazardous substances and petroleum, and which is not a petroleum UST system.
Heating oil - petroleum that is No. 1, No. 2, No. 4 (light), No. 4 (heavy), No. 5 (light), No. 5 (heavy), and No. 6 technical grades of fuel oil; other residual fuel oils (including Navy Special Fuel Oil and Bunker C); and other fuels when used as substitutes for one of these fuel oils. Heating oil is typically used in the operation of heating equipment, boilers, or furnaces.
Heating oil tank - an UST used for storing heating oil for consumptive use on the premises where the tank is located.
Hydraulic lift tank - a tank holding hydraulic fluid for a closed- loop mechanical system that uses compressed air or hydraulic fluid to operate a lift, elevator, or other similar device.
Inert material - a substance or material that is not chemically or biologically reactive, such as cement slurry, flowable fly ash, flowable mortar, or polyurethane or expandable foam.
Initial response the action first taken to mitigate hazards to human health, safety, and the environment, including immediate or short-term abatement or containment measure to prevent the spread of a release.
Institutional control - a limitation on use of or access to a site or facility to eliminate or minimize potential exposure to one or more chemicals of concern, such as an easement, environmental covenant, zoning restriction, groundwater use restriction, or enforcement order.
Interim remedial action - ongoing action to mitigate fire and safety hazards and to prevent further migration of hydrocarbons in their vapor, dissolved, or liquid phase.
Leaking underground storage tank system or LUST system - an UST system from which there is a release of a regulated substance to the environment.
Legal defense cost - any expense that an owner or operator, or a provider of financial assurance, incurs in defending against claims or actions brought :
Liquid trap - a sump, well cellar, or other trap used in association with oil and gas production, gathering, and extraction operations (including gas production plants) for the purpose of collecting oil, water, and other liquids. A liquid trap may temporarily collect liquids for subsequent disposition or reinjection into a production or pipeline stream, or may collect and separate liquids from a gas stream.
Maintenance - the normal operational upkeep to prevent an UST system from releasing a regulated substance.
Monitoring pipe - an observation well installed in the excavation zone, and used for measuring a release of regulated substance from the tank. The term does not include a groundwater monitoring well installed outside the excavation zone and used to sample groundwater for the presence of contamination.
Motor fuel - a complex blend of hydrocarbons typically used in the operation of a motor engine, such as motor gasoline, aviation gasoline, No. 1 or No. 2 diesel fuel, or any blend containing one or more of these substances (such as motor gasoline blended with alcohol).
Natural attenuation - the reduction in the concentration(s) of chemicals of concern in environmental media due to naturally occurring physical, chemical, and biological processes (such as diffusion, dispersion, adsorption, chemical degradation, and biodegradation).
New UST system - an UST system that is or will be used to contain an accumulation of regulated substances and for which installation began after November 12, 1993. Installation is considered to have commenced if the owner or operator obtained all federal and District of Columbia government approvals or permits necessary to begin physical construction of the facility or installation of the tank system, and either:
Non-aqueous phase liquid - a chemical that is insoluble or only slightly soluble in water and exists on or below the ground water table.
Non-safe suction piping - all suction piping not meeting the definition of safe suction piping.
Occurrence - an accident, including continuous or repeated exposure to conditions, that results in a release from an UST. This definition is not intended either to limit the meaning of "occurrence" in a way that conflicts with standard insurance usage or to prevent the use of other standard insurance terms in place of "occurrence."
On the premises where located - with respect to heating oil USTs, located on the same property where the stored heating oil is used.
Operational life - the period beginning from when installation of an UST system has commenced until the time the UST system is permanently closed in accordance with Chapter 61.
Operator - any person in control of, or having responsibility for, the daily operation of a facility.
Overfill release- a release that occurs when a tank is filled beyond its capacity, resulting in a discharge of the regulated substance to the environment.
Owner -
Person - any individual, partnership, corporation (including a government corporation), trust, firm, joint stock company, association, consortium, joint venture, commercial entity, state, municipality, commission, political subdivision of a state, the District of Columbia government, the United States government, a foreign government, or any interstate body.
Petroleum - crude oil or any fraction of crude oil, that is liquid at standard conditions of temperature and pressure of sixty degrees (60º) Fahrenheit and fourteen and seven tenths pounds per square inch (14.7 psi) absolute.
Petroleum marketing facility - a facility at which petroleum is produced or refined, and any facility from which petroleum is sold or transferred to other petroleum marketers or to the public.
Petroleum UST system - an UST system that contains petroleum or a mixture of petroleum with de minimis quantities of other regulated substances. Petroleum UST systems include those containing motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils.
Pipe or piping - a hollow cylinder or tubular conduit that is constructed of non-earthen materials.
Pipeline facility - a new or existing pipe right-of-way and any associated equipment, facilities, or buildings, including gathering lines.
Point of demonstration - a location selected at or between the source and the potential point of exposure where the concentration of one or more chemicals of concern shall be at or below the determined target levels in media (for example, ground water, soil, or air).
Point of exposure - the point at which an individual or population may come in contact with one or more chemicals of concern originating from a source.
Pressurized piping - UST system piping that regularly carries a regulated substance with a force behind the flow that is greater than the ambient atmospheric pressure.
Property damage - the meaning given to this term by applicable law of the District of Columbia. This term shall not include those liabilities which, consistent with standard insurance industry practices, are excluded from coverage in liability insurance policies for property damage. However, exclusions for property damage shall not include corrective action associated with releases from tanks which are covered by the policy.
Provider of financial assurance - an entity that provides financial assurance to an owner or operator of an UST through one of the mechanisms listed in §§ 6703-6710, including a guarantor, insurer, risk retention group, surety, issuer of a letter of credit, or trustee.
Real property owner - the owner of real property where an underground storage tank is or was located, or where contamination from an underground storage tank is discovered.
Receptors - individuals, populations, structures, utilities, wildlife, wetlands, habitats, parks, surface waters, and water supply wells that are or may be adversely affected by a release.
Regulated substance -
Release - any spill, leak, emission, discharge, escape, leach, or disposing from an UST. The term includes, but is not limited to, any release into ground water, surface water, or subsurface soils.
Release detection - determining whether a release of a regulated substance has occurred from an UST system into the environment or a leak has occurred into the interstitial space between the UST system and its secondary barrier or secondary containment around it.
Remediation or remedial action - any activity conducted to clean up a site where contamination by petroleum or chemicals of concern exceeds District of Columbia or federal standards for soil or water quality, or otherwise deemed necessary to protect human health, safety, and the environment. Examples include removal of contaminated soil, treatment of soil or groundwater, or installation of engineering controls, including the use of green remediation techniques.
Repair - to restore to proper operating condition a tank, pipe, spill prevention equipment, overfill prevention equipment, corrosion protection equipment, release detection equipment, or other UST system component that has caused a release of product from the UST system or has failed to function properly.
Replace -
Residential tank - a tank located on property used primarily for dwelling purposes.
Responsible party -
Risk assessment - an analysis of the potential for adverse health effects from exposure to a chemical of concern to determine whether remedial action is needed or to develop target levels for remedial action.
Risk-based corrective action or RBCA - a risk-based decision making process designed to integrate risk and exposure assessments to tailor corrective action activities to site-specific conditions and risks, and to ensure that the chosen action is protective of human health and the environment.
Risk-based screening level or screening level - the risk-based corrective action target level for a chemical of concern developed under the Tier 1 evaluation.
Safe suction piping - suction piping designed and constructed to meet the following standards:
Secondary containment - a release prevention and release detection system for a tank or piping. This system has an inner and outer barrier with a space in-between , also called the interstitial space, that is monitored for leaks. This term includes containment sumps when used for interstitial monitoring of piping.
Septic tank - a water-tight covered receptacle designed to receive or process, through liquid separation or biological digestion, the sewage discharged from a building sewer. The effluent from the receptacle is distributed for disposal through the soil and settled solids, and scum from the tank are pumped out periodically and hauled to a treatment facility.
Significant operational compliance inspection or SOC inspection - an inspection by a DOEE inspector or an approved third party to verify the compliance of an active UST facility with release detection, spill and overfill prevention, financial responsibility, recordkeeping, and operator training requirements.
Site - the area where one or more chemicals of concern have migrated, including areas outside the property boundary where an UST is or was located.
Site assessment - an evaluation of subsurface geology, hydrology, and surface characteristics to determine if a release has occurred, the levels of chemicals of concern, and the extent of the migration of chemicals of concern.
The site assessment collects data on ground water quality and potential receptors, and generates information to support remedial action decisions.
Site investigation - initial testing at the location of a release or suspected release to confirm the existence of a release by sampling the soil and water around the UST system for the presence of contaminants.
Site-specific target level - risk-based remedial action target level for one or more chemicals of concern developed for a particular site under the Tier 2 evaluation.
Soil vapor - gaseous elements and compounds in the small spaces between particles in the subsurface unsaturated zone and that may be transported under pressure towards ground surface.
Source - with respect to a release from an UST, the UST, its piping, and any product contained therein.
Source area - either the location of free product or the location of the highest soil and ground water concentrations of chemicals of concern.
Stage I vapor recovery - control of gasoline vapors during UST tank refueling operations by delivery truck.
Stage II vapor recovery - control of gasoline vapors from vehicle refueling stations in accordance with 20 DCMR § 705.
Stormwater or wastewater collection system - piping, pumps, conduits, and any other equipment necessary to collect and transport the flow of surface water runoff resulting from precipitation, or domestic, commercial, or industrial wastewater, to and from retention areas or any areas where treatment is designated to occur. The collection of stormwater and wastewater does not include treatment except where incidental to conveyance.
Substantial business relationship - the extent of a business relationship necessary under the applicable laws of the District of Columbia to make a guarantee contract issued incident to that relationship valid and enforceable. A guarantee contract is issued "incident to that relationship " if it arises from and depends on existing economic transactions between the guarantor and the owner.
Suction piping - Underground piping that conveys regulated substances under suction, not pressure, which could be safe suction or non-safe suction.
Surface impoundment - a natural topographic depression, man- made excavation, or dike area formed primarily of earthen materials (although it may be lined with man- made materials) that is not an injection well.
Tangible net worth - the tangible assets that remain after deducting all liabilities. These assets do not include intangibles such as goodwill and rights to patents or royalties. For purposes of this definition, "assets" means all existing and all probable future economic benefits obtained or controlled by a particular entity as a result of past transactions.
Tank - a stationary device designed to contain an accumulation of regulated substances and constructed of non-earthen materials (such as concrete, steel, or plastic) that provide structural support.
Target levels - numeric values or other performance criteria that are protective of human health, safety, and the environment.
Termination - with respect to Appendices 67-4 and 67-5, only those changes that could result in a gap in coverage as where the insured has not obtained substitute coverage or has obtained substitute coverage with a different retroactive date from the retroactive date of the original policy.
Tier 0 evaluation - an analysis of levels of chemicals of concern based upon a comparison of test results from soil and water samples to the District of Columbia's standards for concentrations of chemicals of concern, as established in § 6208.
Tier 1 evaluation - a risk-based analysis conducted in accordance with the District's RBCA technical guidance to develop non-site-specific values for direct and indirect exposure pathways using conservative exposure factors and fate and transport for potential pathways and various property use categories (such as residential, commercial, and industrial uses).
Tier 2 evaluation - a risk-based analysis conducted in accordance with the District's RBCA technical guidance applying the direct exposure values established under a Tier 1 evaluation at the point(s) of exposure developed for a specific site and developing values for potential indirect exposure pathways at the points of exposure based on site-specific conditions.
Training program - any program that meets the requirements of Chapter 65 that provides information to and evaluates the knowledge of a Class A, Class B, or Class C operator about requirements for UST systems through testing, practical demonstration, classroom or online instruction, or another approach approved by the Department.
Under-dispenser containment - containment underneath a dispenser system that will prevent leaks from the dispenser and piping within or above the under-dispenser containment from reaching soil or groundwater.
Underground area - an underground room, such as a basement, cellar, shaft, or vault, that provides enough space for physical inspection of the exterior of the tank situated on or above the surface of the floor.
Upgrade - the addition or retrofit of some systems, such as cathodic protection, lining, or spill and overfill controls, to improve the ability of an UST system to prevent the release of a regulated substance.
UST or Underground storage tank - one (1) or a combination of tanks, including the underground pipes that connect tanks, that is used to contain an accumulation of regulated substances, the volume of which (including the volume of connected underground pipes connected) is ten (10) percent or more beneath the surface of the ground.
UST Closure Specialist - a person performing oversight of UST closures, including tank removal, closure- in-place, inspection, and review and submittal of closure report.
UST Regulations - Chapters 55-70 of Title 20 (Environment) of the District of Columbia Municipal Regulations.
UST system or tank system - an underground storage tank, connected underground piping, underground ancillary equipment, and containment system, if any.
UST System Technician - a person responsible for conducting, or providing continuous on-site supervision o f, the installation, upgrade, repair, retrofit, abandonment, or removal of UST tanks.
UST System Tester - a person conducting, or providing continuous on-site supervision of, UST system tightness testing.
Voluntary remediating party - a person, who is not a responsible party, who undertakes a corrective action at a LUST site or facility.
Voluntary remediation - a corrective action performed by a person who is not a responsible party.
Wastewater treatment tank - a tank that is designed to receive and treat an influent wastewater through physical, chemical, or biological methods.
D.C. Mun. Regs. tit. 20, r. 20-7099