justicedao/ipfs_state_laws huggingface dataset:
340-143-0060 Ballast Water Management: Ballast Tank Sediment (1) Except during normal operation of ballast pump systems, a vessel operator may not remove or dispose of unsuspended sediment from spaces designed to carry ballast water into waters of the state. (2) The cleaning of ballast tanks within Oregon waters is prohibited except under controlled arrangements in port or in dry dock. Fouling organisms and sediments removed during the cleaning of ballast tanks may not be discharged to waters of the state and must be disposed of in accordance with local, state and federal law. (3) DEQ may approve sediment disposal facilities. These facilities must provide for the disposal of such sediment in a way that effectively eliminates the risk of nonindigenous species and does not impair or damage the environment, human health or property, or resources of the disposal area. Statutory/Other Authority: ORS 468.020 & 783.620 - 783.640 Statutes/Other Implemented: ORS 783.620 - 783.640 History: DEQ 4-2011, f. & cert. ef. 3-17-11
340-150-0001 Purpose and Scope (1) The purpose of these rules is: (a) To provide for the regulation of underground storage tanks (USTs) to protect the public health, safety, welfare and the environment from the potential harmful effects of spills and releases from underground tanks used to store regulated substances; (b) To prevent releases due to structural failure, system leaks, corrosion, spills and overfills for as long as an UST system is used to store regulated substances; (c) To promote the proper operation and maintenance of UST systems through training of UST facility personnel and expedited enforcement of violations; and (d) To obtain state program approval to manage underground storage tanks in Oregon in lieu of the federal program, as required by ORS 466.720. Statutory/Other Authority: ORS 465.200-455, 466.706-835, 466.994 & 466.995 Statutes/Other Implemented: ORS 465.205, 465.400, 466.715, 466.720 & 466.746 History: DEQ 13-2019, amend filed 05/16/2019, effective 05/16/2019 DEQ 6-2003, f. & cert. ef. 2-14-03 DEQ 24-1998, f. & cert. ef. 11-2-98 DEQ 15-1991, f. & cert. ef. 8-14-91 DEQ 26-1990, f. & cert. ef. 7-6-90 DEQ 20-1990, f. & cert. ef. 6-7-90
340-150-0006 Applicability and General Requirements (1) An owner and permittee of an UST system as defined by OAR 340-150-0010 (93) must comply with this division, except to the extent the system is exempted or compliance deferred or limited by 340-150-0008. (2) An owner and permittee of an UST system must apply to DEQ for a general permit registration certificate under OAR 340-150-0020 if the UST system: (a) Is in operation on or after May 1, 1988; (b) Was taken out of operation between January 1, 1974, and May 1, 1988, and not permanently closed by a method that meets the requirements of OAR 340-150-0168(4); or (c) Was taken out of operation before January 1, 1974, but the UST is not empty as defined by OAR 340-150-0010(32). (3) Each chamber or compartment of a multichamber or multicompartment UST is an individual tank for the purpose of OAR chapter 340, divisions 150 and 151. (4) Throughout this division, the terms “permittee” or “owner and permittee” are used to denote joint responsibility for compliance by both the owner and the permittee. Statutory/Other Authority: ORS 466.706 - 466.835, 466.994 & 466.995 Statutes/Other Implemented: ORS 466.706, 466.710 & 466.746 History: DEQ 188-2018, amend filed 05/14/2018, effective 06/01/2018 DEQ 3-2008, f. 2-29-08, cert. ef. 3-10-08 DEQ 6-2003, f. & cert. ef. 2-14-03
340-150-0021 Termination of Temporary Permits Any owner or permittee holding a temporary permit to operate an UST on or before December 22, 1998, who was not issued an operation certificate by the department by December 23, 1998, must apply for a general permit for temporary closure pursuant to OAR 340-150-0167 or decommission the UST under a general permit for permanent closure or change-in-service pursuant to OAR 340-150-0166 and 340-150-0168. Statutory/Other Authority: ORS 466.706 - 466.835, 466.994 & 466.995 Statutes/Other Implemented: ORS 466.746, 466.750, 466.760 & 466.765 History: DEQ 3-2008, f. 2-29-08, cert. ef. 3-10-08 DEQ 6-2003, f. & cert. ef. 2-14-03 DEQ 24-1998, f. & cert. ef. 11-2-98
340-150-0052 Modification of Registration Certificates For Changes in Ownership and Permittee (1) A new owner or proposed new permittee must submit an application to modify the UST general permit registration certificate within 30 days of any of the following occurring: (a) Change of ownership of property on which an UST system is located; (b) Change in UST ownership; or (c) Change in the designated permittee. (2) The owner, permittee, and property owner must sign the modification application. (3) The modification application must include a copy of the financial assurance mechanism (e.g., insurance certificate or endorsement, trust fund, etc.) that demonstrates compliance with the requirements of OAR chapter 340, division 151. (4) The applicant must include a $75 general permit modification fee with the modification application. Checks or money orders must be payable to DEQ. (5) DEQ will issue a new general permit registration certificate to the permittee upon receipt of all required information and payment of the fee. Statutory/Other Authority: ORS 466.706 - 466.835, 466.994 & 466.995 Statutes/Other Implemented: ORS 466.746, 466.760, 466.765 & 466.783 History: DEQ 188-2018, amend filed 05/14/2018, effective 06/01/2018 DEQ 3-2008, f. 2-29-08, cert. ef. 3-10-08 DEQ 6-2003, f. & cert. ef. 2-14-03
340-150-0080 Denial, Suspension or Revocation of General Permit Registration Certificates (1) An UST general permit registration certificate may be denied, suspended or revoked: (a) If there was a material misrepresentation or false statement in the application; or (b) If the UST system operation, maintenance, installation or decommissioning does not comply with the provisions of OAR 340, divisions 150 or 151, applicable statutes, rules or department order. (2) The provisions of ORS 183.310 to 183.550 for a contested case proceeding apply to the denial, suspension or revocation of a general permit registration certificate. Statutory/Other Authority: ORS 466.706 - 466.835, 466.994 & 466.995 Statutes/Other Implemented: ORS 466.775 History: DEQ 6-2003, f. & cert. ef. 2-14-03 DEQ 24-1998, f. & cert. ef. 11-2-98 DEQ 20-1990, f. & cert. ef. 6-7-90 DEQ 2-1988, f. 1-27-88, cert. ef. 2-1-88
340-150-0102 Termination of General Permit Registration Certificates for Installation, Operation and Temporary Closure (1) A general permit registration certificate will automatically terminate 30 days after any of the changes set forth in OAR 340-150-0052(1) have occurred, unless DEQ has received an application for modification by that date. (2) A registration certificate for installation will automatically terminate when DEQ issues a registration certificate for operation. (3) A registration certificate for operation will automatically terminate: (a) When DEQ issues a registration certificate for temporary closure; (b) On the date that temporary closure occurred or is discovered by DEQ if a registration certificate for temporary closure has not been issued; or (c) On the date change-in-service or permanent closure begins. (4) A registration certificate for operation will automatically terminate on the date set forth on the certificate if the permittee fails to provide DEQ with the following prior to June 30th of each year: (a) Proof of compliance with financial responsibility requirements in OAR chapter 340, division 151; and (b) Payment of fees due under OAR 340-150-0110. (5) A temporary closure certificate will automatically terminate upon completion of decommissioning requirements in OAR 340-150-0168 or if DEQ issues a registration certificate for operation for the UST listed on the temporary closure certificate. Statutory/Other Authority: ORS 466.706 - 466.835, 466.994 & 466.995 Statutes/Other Implemented: ORS 466.746 & 466.760 History: DEQ 188-2018, amend filed 05/14/2018, effective 06/01/2018 DEQ 3-2008, f. 2-29-08, cert. ef. 3-10-08 DEQ 6-2003, f. & cert. ef. 2-14-03
340-150-0110 UST General Permit Registration, Annual Compliance and Other Fees (1) An owner and permittee must pay a $400 installation fee for each UST or UST compartment installed and the general permit registration fee for each tank. This fee must accompany the application for a UST general permit registration certificate. The registration fee is the amount of the annual compliance fee in section (2) of this rule applicable to the year of installation. (2) Each calendar year (January 1 to December 31) following installation, the owner and permittee must pay an annual compliance fee for each UST that has not been permanently decommissioned, for any portion of the year, according to the following schedule: (a) $25 per tank for the years 1988, 1989, 1990, 1991, 1992 and 1993; (b) $35 per tank for the years 1994, 1995, 1996 and 1997; (c) $60 per tank for the years 1998, 1999, 2000 and 2001, except that for 1998 and 1999 the fee is $35 for any permittee that self-certifies its compliance with 1998 technical standards to DEQ; (d) $105 per tank for 2002, which includes a $20 surcharge per tank; (e) $85 per tank for the years 2003, 2004, 2005, 2006 and 2007; and (f) $135 per tank for 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016 and 2017. (g) $195 per tank for 2018; (h) $245 per tank for 2019; (i) $295 per tank for 2020; (j) $325 per tank for 2021 and subsequent years. (3) For multichambered or multicompartmented USTs, the owner and permittee must pay the general permit registration fee and annual compliance fee for each chamber or compartment. (4) DEQ will issue an invoice to each permittee for the annual compliance fees due for each UST facility for each calendar year. The permittee must pay fees by the due date listed on the invoice. DEQ will assess a $35 late fee for each invoice that is not paid by the due date. At its discretion, DEQ may allow the permittee to make alternative arrangements for payment. (5) For any UST that was not permitted by May 1, 1988, or that was not permitted before installation during any year thereafter, the owner and permittee must pay the annual compliance fee for each calendar year or part of a calendar year since installation, except that the total amount of fees owed will not be more than $500 per tank. These fees must be paid before DEQ will approve a 30-day or 3-day notice to decommission the UST. (6) All checks or money orders for fees must be made payable to DEQ. Statutory/Other Authority: ORS 466.706-835, 466.994 & 466.995 Statutes/Other Implemented: ORS 466.783 & 466.785 History: DEQ 188-2018, amend filed 05/14/2018, effective 06/01/2018 DEQ 3-2008, f. 2-29-08, cert. ef. 3-10-08 DEQ 6-2003, f. & cert. ef. 2-14-03 DEQ 24-1998, f. & cert. ef. 11-2-98 DEQ 7-1994, f. & cert. ef. 3-22-94 DEQ 20-1990, f. & cert. ef. 6-7-90 DEQ 34-1989, f. & cert. ef. 12-14-89 DEQ 20-1989(Temp), f. & cert ef. 8-1-89 (and corrected 8-3-89) DEQ 2-1988, f. 1-27-88, cert. ef. 2-1-88
340-150-0137 UST Systems with Field-Constructed Tanks and Airport Hydrant Fuel Distribution Systems (1) On or after October 1, 2020, owners and permittees of field-constructed tanks and airport hydrant fuel distribution system tanks must comply with OAR 340-150-0137(2) and the training requirements for UST operators in this rule. (2) EQC incorporates by reference into this division Title 40 C.F.R., Part 280, Subpart K (October 13, 2015). Statutory/Other Authority: 466.705 - 466.835, 466.994 & 466.995 Statutes/Other Implemented: 466.706, 466.710 & 466.746 History: DEQ 188-2018, adopt filed 05/14/2018, effective 06/01/2018
340-150-0140 Requirements for Sellers of USTs (1) Any person who sells an UST must notify a proposed new owner and permittee in writing of the requirements for applying for a modified general permit operation certificate (OAR 340-150-0052) or a general permit installation certificate (340-150-0020). (2) A former owner and permittee must transfer all documentation pertaining to the UST system to a new owner and permittee. Statutory/Other Authority: ORS 466.706 - 466.835, 466.994 & 466.995 Statutes/Other Implemented: ORS 466.746, 466.760 & 466.765 History: DEQ 6-2003, f. & cert. ef. 2-14-03 DEQ 24-1998, f. & cert. ef. 11-2-98 DEQ 2-1988, f. 1-27-88, cert. ef. 2-1-88
340-150-0150 Depositing Regulated Substances in USTs (1) No person shall allow delivery, deposit, cause to be deposited or accept deposit of a regulated substance into an UST unless the owner and permittee of the UST facility have a valid annual operation certificate for the UST posted in a conspicuous location at the facility clearly visible to distributors depositing regulated substances into the UST. (2) Before arranging for delivery of a regulated substance, an owner and permittee must provide the operation certificate number and the identification number for each UST to any person depositing a regulated substance into the UST. (3) If a general permit registration certificate is revoked, suspended or terminated, an owner and permittee must return the operation certificate to the department. Statutory/Other Authority: ORS 466.706 - 466.835, 466.994 & 466.995 Statutes/Other Implemented: ORS 466.746 & 466.760 History: DEQ 3-2008, f. 2-29-08, cert. ef. 3-10-08 DEQ 6-2003, f. & cert. ef. 2-14-03 DEQ 24-1998, f. & cert. ef. 11-2-98 DEQ 3-1989, f. & cert. ef. 3-10-89 DEQ 2-1988, f. 1-27-88, cert. ef. 2-1-88
340-150-0152 Requirements for Distributors of Regulated Substances for Deposit into USTs (1) Each distributor must obtain and maintain a written record of operation certificate numbers for every UST facility and the identification number for each UST into which it delivers or deposits a regulated substance. (2) A distributor may not deliver or deposit a regulated substance into an UST unless a valid operation certificate for the UST is posted in a conspicuous location at the UST facility clearly visible to those depositing regulated substances into the UST. (3) Upon request by the department, a distributor must provide a written record of all USTs into which it delivered or deposited a regulated substance during the past three years, regardless of whether the UST is registered with or regulated by the department. The list must include, but is not limited to, customer name, delivery address, operation certificate number (as applicable), UST identification number, type of regulated substance delivered and delivery date. Statutory/Other Authority: ORS 466.706 - 466.835, 466.994 & 466.995 Statutes/Other Implemented: ORS 466.746 History: DEQ 3-2008, f. 2-29-08, cert. ef. 3-10-08 DEQ 6-2003, f. & cert. ef. 2-14-03
340-150-0156 Performance of UST Services by Owners or Permittees (1) An owner and permittee may perform UST services on their own UST if the following conditions are met: (a) Before starting any UST services, an owner and permittee must complete the appropriate UST supervisor examination administered by a national service with a passing score for the specific UST service they propose to provide; except (b) If the UST system equipment for corrosion protection, release detection or tightness testing has been specifically designed by the manufacturer to allow testing to be performed by a tank owner, permittee or UST system operator, an owner and permittee is not required to complete the UST supervisor test for cathodic protection or tank tightness testing. (2) Before conducting any UST services allowed under section (1) of this rule, an owner and permittee must: (a) Notify the department of their intent to perform UST services; and (b) Submit a copy of the examination documentation provided by the national service company to the department for any UST services requiring examination under subsection (1)(a) of this rule. (3) In addition to the requirements of this division, an owner and permittee performing work on their own UST must comply with all applicable requirements for service providers and supervisors in accordance with OAR 340, division 160, except the department will waive the requirement to obtain a license and pay license fees. Statutory/Other Authority: ORS 466.706 - 466.835, 466.994 & 466.995 Statutes/Other Implemented: ORS 466.746 History: DEQ 6-2003, f. & cert. ef. 2-14-03
340-150-0250 Expedited Enforcement Process (1) Nothing in this rule shall affect DEQ’s use of OAR chapter 340, division 12 "Enforcement Procedures and Civil Penalties" to enforce compliance with the UST regulations, except as specifically noted. Nothing in this rule requires DEQ to use the expedited enforcement process for any particular violation. The field penalty amounts assigned in section (4) of this rule apply only to actions DEQ takes under this rule. (2) An owner and permittee may not participate in the expedited enforcement process if: (a) The total field penalty amount for all violations identified during a single inspection or file review would exceed $1,500; (b) DEQ has issued a field penalty or civil penalty to the owner or permittee for the same violation at the same UST facility within the previous three years; or (c) At its discretion, DEQ determines that an owner and permittee is not eligible for the expedited process. This determination will be done on a case-by-case basis. (One example may be when an owner and permittee of multiple UST facilities has received multiple field citations for the same or similar violations, but has not made corrections at all facilities.) (3) Where DEQ has found an owner and permittee is not eligible to participate in the expedited enforcement process as provided in section (2) of this rule, DEQ will take appropriate enforcement action under OAR chapter 340, division 12. (4) The following field penalties will be assessed for violations cited on a field citation issued under this rule: (a) A class I UST violation listed in OAR 340-12-0067(1) or 340-12-0053(1): $150 - $500; (b) A class II UST violation listed in OAR 340-012-0067(2) or 340-12-0053(2): $50 - $150; and (c) A class III violation listed in OAR 340-012-0067(3), when an owner or permittee has received prior notice of the violation through a field citation and has not corrected the violation: $50. (5) An owner or permittee issued a field citation has 30 calendar days from the date of issuance to submit payment for the total field penalty amount. Payment is deemed submitted when received by DEQ. Participation in the expedited enforcement process is voluntary. By submitting payment, the owner and permittee agree to accept the field citation as the final order by the EQC and to waive any right to an appeal or any other judicial review of the determination of violation, compliance schedule or assessment of the field penalty in the field citation. Statutory/Other Authority: ORS 466.706 - 466.835, 466.994 & 466.995 Statutes/Other Implemented: ORS 466.746 & 466.835 History: DEQ 188-2018, amend filed 05/14/2018, effective 06/01/2018 DEQ 3-2008, f. 2-29-08, cert. ef. 3-10-08 DEQ 12-2004, f. & cert. ef. 12-27-04 DEQ 11-2004, f. 12-22-04, cert. ef. 3-1-05 DEQ 6-2003, f. & cert. ef. 2-14-03
340-150-0302 Installation of Used USTs (1) An owner and permittee may not reuse an UST that has been installed in the ground and subsequently removed unless the UST was decommissioned in accordance with all requirements of OAR 340-150-0168. (2) The original manufacturer must certify that the used UST meets the UST performance requirements of OAR 340-150-0300. If the original manufacturer is not available (e.g., no longer in business, unknown, etc.) another manufacturer of the same tank brand or type must certify in writing that the UST meets the current UST performance requirements. (3) Before reinstalling the UST, an owner and permittee must have the manufacturer’s recertification documented in writing and available to the department upon request. (4) An owner and permittee must install the UST in accordance with OAR 340-150-0300 and follow all recommendations made by the manufacturer for reinstalling the used UST. (5) An owner and permittee must submit documents showing compliance with all manufacturer recommendations including, but not limited to, warranty cards or manufacturers’ checklists to the department as an attachment to the installation checklist required by OAR 340-150-0300(8)(d). Statutory/Other Authority: ORS 466.706 - 466.835, 466.994 & 466.995 Statutes/Other Implemented: ORS 466.746 & 466.765 History: DEQ 6-2003, f. & cert. ef. 2-14-03
340-150-0315 Periodic operation and maintenance walkthrough inspections (1) No later than October 1, 2020, owners and permittees must meet one of the following: (a) Conduct walkthrough inspections: (A) Every 30 days, at a minimum, check the following equipment: (i) Spill prevention equipment: Visually check for damage, remove liquid or debris, check for and remove obstructions in the fill pipe, check the fill cap to make sure it is securely on the fill pipe, and, for double walled spill prevention equipment with interstitial monitoring, check for a leak in the interstitial area. (If the UST system is receiving deliveries at intervals greater than every 30 days, the permittee must conduct an inspection prior to each delivery; and (ii) Release detection equipment: Check to make sure the release detection equipment is operating with no alarms or other unusual operating conditions present; and ensure records of release detection testing are reviewed and current; and (B) Annually: (i) Sumps: Visually check for damage, leaks to the containment area, or releases to the environment; remove liquid (in contained sumps) or debris, and, for double walled sumps with interstitial monitoring, check for a leak in the interstitial area; and (ii) Hand held release detection equipment: Check devices such as tank gauge sticks or groundwater bailers for operability and serviceability; (b) Conduct operation and maintenance walkthrough inspections according to a standard code of practice developed by a nationally recognized association or independent testing laboratory that checks equipment comparable to section (1) of this rule; or (c) Conduct operation and maintenance walkthrough inspections developed by DEQ that checks equipment comparable to section (1) of this rule; or (d) An owner and permittee may use the practices described in the Petroleum Equipment Institute Recommended Practice RP 900, “Recommended Practices for the Inspection and Maintenance of UST Systems.” (2) Owners and permittees must maintain records of operation and maintenance inspections for one year. Records must include a list of each area checked, whether each area checked was acceptable or needed action taken, a description of actions taken to correct an issue, and delivery records for spill prevention equipment checked less frequently than every 30 days. (3) Records must be available for review by DEQ upon request. [Publications: Publications referenced are available from DEQ or from the publisher] Statutory/Other Authority: 466.706 - 466.835, 466.994 & 466.995 Statutes/Other Implemented: 466.746 & 466.765 History: DEQ 188-2018, adopt filed 05/14/2018, effective 06/01/2018