justicedao/ipfs_state_laws huggingface dataset:
340-150-0620 Approval of More Stringent Performance Standards (1) Any unit of local government may petition the department for more stringent UST performance standards for UST systems in the vicinity of an underground water source. Administrative rules for more stringent performance standards may be proposed for adoption by the commission where the department finds that it is necessary to protect the underground water resource through more stringent UST performance standards. (2) The petition must be made to the department in writing and must include the following information: (a) A description of the underground water resource including, but not limited to: (A) The geographical limits of the area where more stringent UST performance standards are required; (B) The geographical limits of the groundwater recharge zone; (C) The geographical limits of the underground water resource; (D) The geology within both the recharge zone and the underground water resource; (E) The location, size and present use of wells within the limits of the underground water resource; and (F) The estimated capacity of the underground water resource. (b) A description of the existing threats to the groundwater resource including, but not limited to: (A) Location, type and number of USTs; (B) Agricultural effluent and rainwater runoff; (C) Industrial effluent and rainwater runoff; and (D) Rainwater runoff from roads and parking lots. (c) A description of the UST performance standards required, including UST technical standards, operating standards and administrative procedures; and (d) A description of the emergency conditions, if the petitioner requests adoption of emergency rules. (3) Within 60 days after receiving the petition, the department will review the petition for completeness and request any additional information needed. The department will notify the petitioner in writing when the petition is complete. (4) Within 120 days after the petition is complete, the department will recommend to the commission that: (a) The department initiate rulemaking to implement the performance standards requested; or (b) The petition be denied if the department finds that more stringent UST performance standards are not necessary to protect the underground water resource. Statutory/Other Authority: ORS 466.706 - 466.835, 466.994 & 466.995 Statutes/Other Implemented: ORS 466.746 History: Renumbered from 340-150-0125, DEQ 6-2003, f. & cert. ef. 2-14-03 DEQ 20-1990, f. & cert. ef. 6-7-90
340-151-0001 Purpose The purpose of these rules is to protect public health, safety, welfare and the environment from the potential harmful effects of spills and releases of petroleum from USTs by requiring UST owners and permittees to maintain sufficient financial resources in the event that corrective action or compensation for bodily injury or property damage is required. Statutory/Other Authority: ORS 466.746 & 466.815 Statutes/Other Implemented: ORS 466.815 History: DEQ 6-2003, f. & cert. ef. 2-14-03
340-151-0010 Scope and Applicability (1) Except as provided in section (2), an owner and permittee of a petroleum UST system that meets the requirements of OAR 340-150-0006 and that is not exempted or deferred by 340-150-0008, must comply with this division. (2) State and federal government entities the debts and liabilities if which are the debts and liabilities of a state or the United States are exempt from the requirements of this division. (3) If the owner and permittee of a petroleum UST are separate persons, only one of them is required to demonstrate financial responsibility. Both are, however, jointly liable in the event of noncompliance. Regardless of which person complies, the date set for compliance at a particular UST facility is determined by the characteristics of the owner as set forth in 40 CFR § 280.91. (4) Each chamber or compartment of a multichamber or multicompartment UST is an individual tank for the purpose of OAR 340, divisions 150 and 151. Statutory/Other Authority: ORS 466.746 & 466.815 Statutes/Other Implemented: ORS 466.815 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 6-2003, f. & cert. ef. 2-14-03
340-151-0015 Adoption and Applicability of United States Environmental Protection Agency Regulations Except as otherwise modified or specified in this division, the EQC adopts Title 40 C.F.R., Part 280, Subpart H (October 13, 2015), and incorporates those provisions by reference into this division, and makes them applicable to all persons subject to this division. In addition to the Oregon-specific requirements in this division (OAR 340-151-0025), persons subject to this division must consult 40 C.F.R. §§ 280.90 through 280.115 (October 13, 2015) to determine applicable financial responsibility requirements. Statutory/Other Authority: ORS 466.746 & 466.815 Statutes/Other Implemented: ORS 466.815 History: DEQ 188-2018, amend filed 05/14/2018, effective 06/01/2018 DEQ 6-2003, f. & cert. ef. 2-14-03
340-151-0020 Definitions The definitions and terms used in OAR 340-150-0010 and 40 CFR § 280.92 apply to this division. Statutory/Other Authority: ORS 466.746 & 466.815 Statutes/Other Implemented: ORS 466.815 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 6-2003, f. & cert. ef. 2-14-03
340-160-0005 Purpose (1) The purpose of these rules is to provide for the regulation of persons performing services for underground storage tank (UST) systems to assure that UST systems are being serviced in a manner which will protect the public health and welfare and the land and waters within the State of Oregon. These rules establish standards for: (a) Licensing of persons performing UST services; (b) Examination, qualification and licensing of individuals who supervise the performance of UST services; (c) Performance, documentation and approval of UST services; and (d) Administration and enforcement of these rules by the department. (2) Except as provided in section (3), this division applies to the installation, modification, repair, decommissioning and testing of USTs regulated under OAR 340, division 150. (3) Except as provided by OAR 340-150-0156, this division does not apply to UST services performed by the property owner, owner or permittee. Statutory/Other Authority: ORS 466.746 & 466.750 Statutes/Other Implemented: ORS 466.750 History: DEQ 13-2025, amend filed 05/09/2025, effective 07/01/2025 DEQ 6-2003, f. & cert. ef. 2-14-03 DEQ 15-1991, f. & cert. ef. 8-14-91 DEQ 3-1989, f. & cert. ef. 3-10-89
340-160-0010 Definitions The definitions and terms used in OAR 340-150-0010 and this rule apply to this division: (1) “Person” means an individual, trust, firm, joint stock company, corporation, partnership, joint venture, consortium, association, state, municipality, commission, political subdivision of a state or any interstate body, any commercial entity or the federal government or any agency of the federal government. (2) “Excavation” means the entire process of creating or opening the pit and trenches that contain the components of a UST system, including concrete or asphalt demolition. (3) “Service provider” means a person licensed by the department to offer to perform or perform UST services on USTs regulated under OAR 340, division 150. (4) “Supervisor” means an individual licensed by the department to direct and oversee specific UST services. (5) “UST services” includes without limitation, installation, decommissioning, modification, repair, testing (e.g., cathodic protection and tank tightness), and inspection of UST systems. Statutory/Other Authority: ORS 466.746 & 466.750 Statutes/Other Implemented: ORS 466.706 & 466.750 History: DEQ 13-2025, amend filed 05/09/2025, effective 07/01/2025 DEQ 6-2003, f. & cert. ef. 2-14-03 DEQ 11-1990, f. & cert. ef. 3-13-90 DEQ 21-1989(Temp), f. & cert. ef. 9-18-89 DEQ 3-1989, f. & cert. ef. 3-10-89
340-160-0020 General Provisions (1) A person may not perform or offer to perform UST services without first obtaining a license from DEQ. (2) A service provider is prohibited from offering or performing UST services on an UST system defined by OAR 340-150-0010(84) (except as exempted or deferred by OAR 340-150-0008), unless the owner and permittee of the UST system have been issued a general permit registration certificate by DEQ. Statutory/Other Authority: ORS 465.200 - 465.320 & 466.706 Statutes/Other Implemented: ORS 466.706 & 466.750 History: DEQ 13-2025, amend filed 05/09/2025, effective 07/01/2025 DEQ 6-2003, f. & cert. ef. 2-14-03 DEQ 15-1991, f. & cert. ef. 8-14-91 DEQ 3-1989, f. & cert. ef. 3-10-89
340-160-0021 UST Service Provider Work Practices (1) For all scheduled UST services, a UST service provider must: (a) Notify DEQ on a form specified by DEQ 3 business days before start of the work; (b) Provide with the notification: (A) The name of the licensed UST Supervisor who will perform the work; (B) The manufacturer’s name and a description of each piece of UST equipment involved in the work; and (C) A copy of the proof of manufacturer’s certification for the UST Supervisor specified in section (A) above for each piece of equipment specified in section (B) above. (2) In addition to the requirements in section (1) above, for the following UST Services, a UST Service Provider must receive approval in writing from DEQ before proceeding: (a) For UST installations: (A) Setting the tank; (B) Primary and secondary pipe testing; (C) Integrity testing of the sumps and spill buckets; (D) Backfilling the piping and tank top; and (E) Start up testing. (b) For UST modifications: (A) Primary and secondary pipe testing; (B) Integrity testing of the sumps and spill buckets; (C) Backfilling the piping and tank top; and (D) Start up testing. (c) For UST repairs: (A) Starting the repair; and (B) Testing the repair. (d) For UST decommissionings: (A) Removing the tank; and (B) Site assessment sampling. (3) If DEQ does not provide approval to proceed to the notifications described in section (2) above within 3 business days, approval to proceed will be deemed to have been granted. (4) Following the completion of UST Services, a UST Service provider must: (a) Submit testing results, including all failed tests, to DEQ on a form provided by DEQ within 30 days; (b) Submit a checklist on a form provided by DEQ for each installation, modification, repair or decommissioning within 30 days: (A) All checklists must be signed by an executive officer of the service provider and the supervisor of the project; and (B) An as-built drawing of the completed UST installation or modification must be included with the associated checklist. (5) In the case of an emergency repair, where delay could result in danger to human health or a release of petroleum into the environment, a UST Service Provider must satisfy the requirements of section (1) above within 72 hours of completing the repair. (6) A service provider must report to the department the existence of any condition relating to an UST system that has or may result in a release to the environment within 72 hours of discovery of the condition. (7) The requirements of this section are in addition to and not in lieu of any other licensing requirement imposed by law. Statutory/Other Authority: ORS 465.200 - 465.320 & 466.706 Statutes/Other Implemented: ORS 466.706 & 466.750 History: DEQ 13-2025, adopt filed 05/09/2025, effective 07/01/2025
340-160-0022 UST Supervisor Work Practices (1) A supervisor must be present during UST installation and modification when the following tasks are being performed: (a) Preparation of the excavation immediately before receiving backfill and placement of the tank into the excavation; (b) Any movement of the tank, including but not limited to, transferring the tank from the vehicle used to transport it to the project site; (c) Setting of the tank and its associated piping into the excavation, including placement of any anchoring devices, backfill to the level of the tank and strapping, if any; (d) Placement and connection of the piping system to the tank; (e) Installation of cathodic protection; (f) All pressure testing of the UST system, including associated piping, performed during the installation or modification; (g) Completion of the backfill and filling of the excavated area around the installed UST; (h) Preparation for and installation of any tank lining systems; and (i) UST excavation. (2) A supervisor must be present during an UST decommissioning when the following tasks are being performed: (a) UST excavation; (b) Removal and capping of vent and product lines; (c) Cleaning the UST and removal of contents; (d) Tank purging or inerting; (e) Any movement of the tank, including but not limited to transferring the tank to the vehicle used to transport it from the project site; and (f) Collection of soil and water samples. (3) A supervisor must be present during the testing of an UST cathodic protection system. (4) A supervisor must be present during the tank tightness testing of any component of an UST system performed under OAR 340-150-0445. (5) A service provider must report to the department the existence of any condition relating to an UST system that has or may result in a release to the environment within 72 hours of discovery of the condition. (6) The requirements of this section are in addition to and not in lieu of any other licensing requirement imposed by law. Statutory/Other Authority: ORS 465.200 - 465.320 & 466.706 Statutes/Other Implemented: ORS 466.706 & 466.750 History: DEQ 13-2025, adopt filed 05/09/2025, effective 07/01/2025
340-160-0025 Types of Licenses (1) The department may issue the following types of licenses: (a) Service provider; (b) Installation supervisor; (c) Decommissioning supervisor; (d) UST testing supervisor; and (e) Cathodic protection system test supervisor. (2) Licenses will be issued in accordance with the requirements of OAR 340-160-0030 for service providers and 340-160-0035 for supervisors. Statutory/Other Authority: ORS 466.746 & 466.750 Statutes/Other Implemented: ORS 466.750 History: DEQ 13-2025, amend filed 05/09/2025, effective 07/01/2025 DEQ 6-2003, f. & cert. ef. 2-14-03 DEQ 3-1989, f. & cert. ef. 3-10-89
340-160-0035 Supervisor Licensing (1) To obtain a license from the department to supervise the installation, decommissioning or testing of an UST, an individual must submit an application to the department on a form provided by the department within 30 days of passing the qualifying examination. The application must include the appropriate fee and documentation that the applicant passed the applicable supervisor examination. (2) A supervisor license is valid for 24 months. (3) License renewals must be applied for in the same manner as application for the original license, including re-examination, except the supervisor must submit the renewal application to the department at least 30 days before the current license expires. (4) The department may suspend or revoke a supervisor’s license for failure to comply with any state or federal rule or regulation pertaining to the management of underground storage tanks. If a supervisor’s license is revoked, the individual may not reapply less than 90 days after the revocation date. (5) Upon issuance of a supervisor license, an identification card will be provided that shows the license number and license expiration date for each UST services category. (6) A supervisor must have his or her current license identification card available for inspection during each UST service project. Statutory/Other Authority: ORS 466.746 & 466.750 Statutes/Other Implemented: ORS 466.750 History: DEQ 6-2003, f. & cert. ef. 2-14-03 DEQ 15-1991, f. & cert. ef. 8-14-91 DEQ 3-1989, f. & cert. ef. 3-10-89
340-160-0040 Supervisor Examinations (1) To apply for a license from the department to supervise the installation, decommissioning or testing of an UST, an individual must take and pass a qualifying examination approved by the department. (2) In lieu of the requirements of section (1), an applicant may meet the requirements for licensing by reciprocity by providing proof acceptable to the department that the applicant has: (a) Successfully passed an equivalent supervisor examination in another jurisdiction; and (b) Demonstrate knowledge of applicable Oregon rules and regulations. Statutory/Other Authority: ORS 466.746 & 466.750 Statutes/Other Implemented: ORS 466.750 History: DEQ 6-2003, f. & cert. ef. 2-14-03 DEQ 3-1989, f. & cert. ef. 3-10-89
340-160-0054 Reciprocity with Other Jurisdictions The department may develop agreements with other jurisdictions for the purposes of establishing reciprocity in training, licensing, and certification if the department finds that the training, licensing and certification standards of the other jurisdictions are at least as stringent as those required by this division. Statutory/Other Authority: ORS 466.746 & 466.750 Statutes/Other Implemented: ORS 466.750 History: DEQ 6-2003, f. & cert. ef. 2-14-03 DEQ 15-1991, f. & cert. ef. 8-14-91
340-160-0150 Fees (1) The nonrefundable application fee for a service provider license is $600. (2) The nonrefundable application fee for a supervisor license is $150. This fee covers up to four supervisor license categories, if the expiration date is the same for all license categories. Statutory/Other Authority: ORS 466.746 & 466.750 Statutes/Other Implemented: ORS 466.750 History: DEQ 3-2008, f. 2-29-08, cert. ef. 3-10-08 DEQ 6-2003, f. & cert. ef. 2-14-03 DEQ 15-1991, f. & cert. ef. 8-14-91 DEQ 3-1989, f. & cert. ef. 3-10-89
340-163-0005 Authority, Purpose, and Scope (1) These rules are promulgated in accordance with and under the authority of ORS 466.706 and 466.750. (2) The purpose of these rules is to provide for the regulation of firms and individuals who perform heating oil tank services for underground heating oil tanks. These rules establish standards for: (a) Licensing of firms performing heating oil tank services; (b) Examination, qualification and licensing of individuals who supervise heating oil tank services; and (c) Administration and enforcement of these rules by the Department. (3) These rules apply to any individual or firm who performs or offers to perform heating oil tank services. (4) Service providers and supervisors licensed under this Division are not licensed to perform work under: (a) OAR 340, division 162; or (b) OAR 340, division 160. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: ORS 466.706 & 466.750 History: DEQ 3-2000, f. & cert. ef. 2-17-00 DEQ 28-1990, f. & cert. ef. 7-6-90
340-163-0010 Definitions As used in this Division, the following definitions apply: (1) “Commission” means the Environmental Quality Commission. (2) “Confirmed Release” means petroleum contamination observed in soil or groundwater as a sheen, stain, or petroleum odor, or petroleum contamination detected in soil by the Northwest Total Petroleum Hydrocarbon Identification Analytical Method (NWTPH-HCID, DEQ, December, 1996), or analytical results of 50 mg/kg or greater for Diesel/Lube Oil Range Hydrocarbons by Method NWTPH-Dx (DEQ, December, 1996), or detected in groundwater having concentrations detected by any appropriate analytical method specified in OAR 340-122-0218. (3) “Corrective Action” has the same meaning as given in ORS 466.706. (4) “Decommissioning” means to remove an underground heating oil tank from operation by an approved method specified in OAR 340-177-0025, such as abandonment in place (e.g. cleaning and filling with an inert material) or by removal from the ground. (5) “Department” means the Oregon Department of Environmental Quality. (6) “Fee” means a fixed charge or service charge. (7) “Firm” means any business, including but not limited to corporations, limited partnerships, and sole proprietorships, engaged in the performance of heating oil tank services. (8) “Heating Oil” means petroleum that is No. 1, No. 2, 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. (9) “Heating Oil Tank” means any one or combination of underground tanks and above ground or underground pipes connected to the tank, which is used to contain heating oil used for space heating a building with human habitation or, water heating not used for commercial processing. (10) “Heating Oil Tank Services” means the decommissioning of a heating oil tank or the performance of corrective action necessary as a result of a release of oil from an underground heating oil tank. (11) “Licensed” means that a firm or an individual with supervisory responsibility for the performance of heating oil tank services has met the Department’s qualification requirements to offer or perform such services and has been issued a license by the Department. (12) “Responsible Person” means “owner or operator” as defined in ORS 465.200(19) and any other person liable for or voluntarily undertaking remediation under 465.200, and is used synonymously with the term “tank owner” in this Division. (13) “Service Provider” is a firm licensed to offer and perform heating oil tank services on underground heating oil tanks in Oregon. (14) “Supervisor” means a licensed individual who is charged with the responsibility for directing and overseeing the performance of heating oil tank services at a tank site. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: ORS 466.706 & 466.750 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 3-2000, f. & cert. ef. 2-17-00 DEQ 28-1990, f. & cert. ef. 7-6-90