D.C. Mun. Regs. tit. 20, r. 20-6302

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

Rule 20-6302 - ENTRY FOR CORRECTIVE ACTION

6302.1

The Department may enter upon property to perform, or cause to be performed, release response and corrective actions that are necessary to protect human health or the environment, including in any of the following circumstances:

(a) No responsible party subject to the requirements of Chapter 62 and capable of implementing the required corrective action can be found within ninety (90) days or a shorter period, as may be necessary to protect human health or the environment ;

(b) A situation exists that requires immediate action by the Department to protect human health or the environment; or

(c) The responsible party has failed or refused to comply with an order issued by the Department requiring compliance with the UST Regulations and :

(1) The responsible party did not appeal the order pursuant to Chapter 66; or

(2) The order was upheld after an appeal pursuant to Chapter 66.

6302.2

Except as provided in § 6302.4, the Department will provide prior written notice to the real property owner of its intent to enter the property to take corrective action and will serve the notice in one of the following ways :

(a) By personal delivery to a person of suitable age and discretion residing or employed at the last known address of the real property owner;

(b) By registered first-class mail to the last known address of the real property owner; or

(c) If service cannot be effected as provided in paragraph (a) or (b) of this subsection, then:

(1) By publishing the notice once a week for three (3) weeks in a newspaper of general circulation in the District of Columbia; and

(2) By conspicuous posting of the notice on the property.

6302.3

If the real property owner is a corporation, any notice served on the president, treasurer, general manager, registered agent, or any principal officer of such corporation in the manner provided in § 6302.2 shall be deemed to have been served on the corporation.

6302.4

If a release of a regulated substance from an UST system creates an imminent threat to human health or the environment requiring summary corrective action, and the emergency nature of the situation makes it impractical to give prior notice as provided in § 6302.2, the Department may provide notice by conspicuous posting on the property at the earliest time feasible before commencing work.

D.C. Mun. Regs. tit. 20, r. 20-6302

Final Rulemaking published at 40 DCR 7835, 7902 (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