justicedao/ipfs_state_laws huggingface dataset:
340-163-0030 Licensing Requirements for Heating Oil Tank Service Providers (1) The Department will issue a license for heating oil tank services to firms who complete and submit a license application to the Department that includes, but is not limited to, the following information: (a) The name of the firm or assumed business name as registered with the Oregon Corporation Division, and address and telephone number of the firm; (b) The names and addresses of all principals of the firm; (c) The names and supervisor license numbers and expiration dates of all employees or principals responsible for on-site project supervision; (d) Proof of insurance as required by OAR 340-163-0050(3); (e) Current Construction Contractors Board registration number; (f) General information about any underground storage tank work (regulated or heating oil) performed in Oregon or any other state(s) within the previous year as applicable; and (g) The required license fee. (2) The Department will review the application for completeness. If the application is incomplete, the Department will notify the applicant by telephone or in writing of the deficiencies. (3) Upon approval, the Department will issue a license to the applicant that is valid for twelve (12) months from the date of issue. (4) License renewals must be applied for and will be issued in the same manner as required for an initial license, except: (a) The complete renewal application must be submitted to the Department no later than 30 days prior to the license expiration date; (b) The application must include a list of all heating oil tank site assessments and certified decommissioning and cleanup projects worked on during the previous twelve (12) month period. The list must include, but is not limited to, the name of the property owner, address of the property, date(s) the services were performed, and the type of services performed (i.e. site assessment, decommissioning, cleanup). (c) The renewal license period will be for twelve (12) months from the expiration date of the previous license issued. If the current license lapses for any reason, the service provider may not perform or offer to perform heating oil tank services during any time between the expiration date and issuance of the renewal license. (5) If a firm changes its business name, but there are no changes in the corporate structure (i.e. all principals remain the same), a request for a business name change and re-issuance of the service provider license must be made in writing and be accompanied by the required fee for name changes. A copy of the certificate of insurance with the new corporate name must be included. The license period will remain the same as issued to the previous business name. (6) If the Construction Contractors Board requires that a firm re-register as a new entity, the service provider license issued by the Department will become invalid and the firm must reapply as a new applicant. 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
340-163-0050 Service Provider Insurance Requirements (1) Any firm applying for a service provider license to perform heating oil tank services must first obtain insurance coverage for errors-and-omissions or professional liability that will be used to pay for any additional corrective action necessary as a result of improper or inadequate site assessment, decommissioning or cleanup work. General liability insurance or pollution liability insurance are not acceptable substitutes for the insurance requirements. (2) Insurance must be obtained in the amount of $500,000 per claim or per occurrence, with a total aggregate of $1,000,000, from an insurance company authorized to do business in Oregon. Coverage must remain continuous during the license period and until one (1) year after a firm has ceased to perform heating oil tank services in Oregon. (3) Proof of insurance in the form of a standard insurance policy certificate must be provided to the Department at time of license application and renewal. The certificate of insurance must include the following: (a) The name of the insurance company, policy number, effective dates of coverage, coverage amounts, deductible amount, name of all insured entities, agent’s name, address and telephone number; and (b) A 30-day cancellation clause that provides notice to the Department if the insurance is cancelled. Notices must be sent to: Department of Environmental Quality, Underground Storage Tank Program, 811 S.W. Sixth Avenue, Portland, Oregon, 97204. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: ORS 466.706 History: DEQ 3-2000, f. & cert. ef. 2-17-00
340-163-0060 Certification of Work Performed (1) A licensed service provider must certify to the Department that heating oil tank services have been performed in compliance with applicable regulations for each decommissioning or cleanup report submitted to the Department. Categories for certification are: (a) Voluntary Decommissioning; (b) Soil Matrix Cleanup; (c) Heating Oil Tank Generic Remedy Cleanup; and (d) Risk-Based Cleanup with a Corrective Action Plan. (2) Each individual decommissioning or cleanup certification must contain the following elements: (a) Statement of compliance that includes the following declaration by the business owner or senior corporate officer for the service provider: “Based on information and belief formed after reasonable inquiry, the heating oil tank services performed under this certification were conducted in compliance with all applicable federal, state and local laws.”; (b) Affirmation of insurance coverage as required by OAR 340-163-0050; (c) Signature of service provider business owner or senior corporate officer; (d) Technical report required by OAR 340-122-0205 to 340-122-0360 or OAR 340, division 177 as appropriate, signed by the licensed supervisor responsible for the on-site supervision of the project; (e) A list of technical standards and regulations covered by the certificate provided for the specific category, on a checklist provided by the Department; and (f) The cost of each certified project, for the purpose of collecting general information by certification category. The service provider must provide information on a separate form provided by the Department, that includes the certification category, description of the complexity of the project, date the project was completed, name of the county the project is located in, and the project cost. (3) Project certifications must be included with reports submitted by the tank owner, or service provider on owner’s behalf, and accompanied by the required registration fee in accordance with OAR 340-177-0095. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: ORS 466.706 History: DEQ 3-2000, f. & cert. ef. 2-17-00
340-163-0070 Department Review of Certified Reports (1) The Department may review and verify the accuracy of certified decommissioning and cleanup reports using a variety of standard compliance verification methods, including, but not limited to: (a) Review of certified reports submitted for Department approval; (b) Field inspection of heating oil tank services at tank sites; and (c) Inspection of records, equipment, or materials held or temporarily stored at the service provider’s place of business or storage facility. (2) The Department will document the result of any report review conducted in writing, which includes a brief summary of the report review or inspection results. This information will be provided to both the tank owner and the certifying service provider. (3) Any enforcement actions taken as a result of a report review will be conducted in accordance with the applicable requirements of OAR 340, division 12. (4) The Department may reject any decommissioning or cleanup report that has been certified as in compliance with all applicable regulations by a service provider if, but not limited to, any of the following conditions exist: (a) There is a lack of information or data included with the certified report to support the finding of compliance; (b) The Department determines that the compliance determination is not accurate based on the information submitted; (c) Some or all of the supporting documentation does not accurately reflect conditions at the tank site; (d) Information obtained during a site inspection by the Department may affect the validity of the certification results; or (e) There is a violation of applicable regulations that has or potentially could affect the validity of the certification results. (5) For any rejected certified report, the Department may require the service provider or their insurance policy to take specific corrective action(s) that may include additional work at the tank site, including, but not limited to, additional sampling and analysis, contaminated soil removal, or removal of the heating oil tank. Completion of any required additional work must be coordinated with the property owner. (6) For purposes of determining report certification accuracy, any employee or authorized representative of the Department may enter the tank site or service provider facility at any reasonable time to interview persons, inspect equipment and site conditions, collect samples, take still or video pictures, conduct an investigation, or review and copy records. (7) To assist the Department in scheduling inspections, service providers must provide information regarding specific projects in progress on any specific day or days upon request by the Department. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: ORS 466.706 History: DEQ 3-2000, f. & cert. ef. 2-17-00
340-163-0110 License Denial, Suspension, Revocation (1) The Department may deny issuance of, suspend or revoke a license for fraud or deceit if the service provider or supervisor: (a) Fraudulently obtains or attempts to obtain a license; or (b) Knowingly signs required forms containing false information. (2) The Department may also deny issuance of, suspend or revoke a license if the service provider or supervisor fails to comply with any applicable local, state or federal regulations pertaining to the performance of heating oil tank services or demonstrates negligence or incompetence, including but not limited to situations where the service provider or supervisor: (a) Fails to employ and designate a licensed supervisor for each project; (b) Fails to maintain required insurance; (c) Fails to maintain appropriate registration with the Oregon Construction Contractors Board; (d) Fails to resolve heating oil tank compliance related violations in accordance with an enforcement schedule or order issued by the Department; (e) Fails to make corrections specified by the Department as the result of the Department’s rejection of a decommissioning or cleanup report certified by the service provider; (f) Fails to correct deficiencies noted by the Department for an incomplete license application; (g) Fails to maintain a current address with the Department; or (h) Fails at any time to satisfy the requirements for a license. (3) A service provider or supervisor who has an application denied or license suspended or revoked may reapply for a license after demonstrating to the Department that the cause of the denial, suspension, or revocation has been resolved. (4) Procedures for license denial, suspension, and revocation will be conducted in accordance with the appropriate provisions of ORS 183.310 to 183.550 and OAR 340, division 11. 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
340-163-0150 Fees (1) Heating oil tank service providers must pay a non-refundable license fee for a twelve (12) month license as listed in Table 1. (2) Heating oil tank supervisors must pay a non-refundable license fee for a twenty-four (24) month license according to the following schedule: (a) $150 for license applications received on or before December 31, 2019; (b) $200 for license applications received January 1, 2020 or later. (3) Supervisors taking qualifying examinations the department administers must pay an examination fee equal to the cost of administering the examination. (4) Examination study guides will be made available to the public for the cost of production. Copyrighted reference materials, which may have separate costs charged by the specific organization, are not included with study guides. (5) The department will provide replacement licenses, including name change requests, for a $10 fee. Statutory/Other Authority: ORS 465.200 - 465.320, 466.706 - 466.995 & 466.868 Statutes/Other Implemented: ORS 466.706, 466.750 & 466.868 History: DEQ 6-2020, minor correction filed 04/02/2020, effective 04/02/2020 DEQ 24-2019, amend filed 11/15/2019, effective 01/01/2020 DEQ 3-2000, f. & cert. ef. 2-17-00 DEQ 15-1991, f. & cert. ef. 8-14-91 DEQ 28-1990, f. & cert. ef. 7-6-90
340-170-0005 Authority, Purpose, and Scope (1) These rules are promulgated in accordance with and under the authority of ORS 466.706 through 466.835 and 466.895 through 466.995 as amended by Chapter 1071, Oregon Laws, 1989 (House Bill 3080) and Chapter 863, Oregon Laws, 1991 (Senate Bill 1215). (2) The purpose of these rules is to provide for the regulation of persons who receive reimbursement grants for UST tightness testing and soil assessment of underground storage tank facilities that contain motor fuel regulated by ORS 466.706 through 466.835 and 466.895 through 466.995; and to provide assistance to owners of underground storage tanks in meeting Environmental Protection Agency requirements and obtaining financial responsibility coverage. (3) These rules establish requirements and standards for: (a) Reimbursement grant of up to 50 percent, not to exceed $3,000, for UST tightness testing and soil assessment; (b) Procedures for applying and qualifying for a reimbursement grant; (c) Administration and enforcement of these rules by the Department. (4) Scope: OAR 340-170-0010 through 340-170-0080 applies to persons who receive reimbursement grants for UST tightness testing and soil assessment. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: OL 1989 & Ch. 1071 History: DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91 DEQ 12-1990, f. & cert. ef. 3-13-90 DEQ 21-1989(Temp), f. & cert. ef. 9-18-89
340-170-0020 Soil Assessment (1) Soil assessment at a facility where underground storage tanks contain an accumulation of motor fuel shall be conducted by the property owner, UST owner or permittee in accordance with OAR 340, division 122 and sections (2) and (3) of this rule. (2) Conduct an inspection of the UST facility to: (a) Look for warning signs that indicate possible soil or water contamination due to spills or leakage from underground tanks. NOTE: Warning signs of petroleum contamination include discolored or oily soil, petroleum and gasoline odors, and a sheen on standing or moving water. Check for these signs on the property and adjacent property. (b) Check with owners of adjacent property to see if they have observed petroleum taste or odor in drinking water, petroleum fumes in their basement or buildings, or other unusual conditions that could be caused by motor fuel; (c) Review UST inventory control and UST repair records for indications of releases from the USTs; and (d) Prepare a written record of the inspection results. (3) In situations where the tanks and lines are to remain in place, the property owner, tank owner, or the permittee shall: (a) Submit a specific soil sampling plan to the Department for approval prior to initiating any work; or (b) Collect soil samples by boring or test pits: (A) Where groundwater is not present, collect one sample in each boring or test pit from the native soils at an elevation below, but no more than two feet below, the bottom of any underground storage tank; (B) Where groundwater is present, collect two samples in each boring or test pit, the first sample within the first six inches of saturated soil and the second sample at an elevation below, but no more that two feet below, the bottom of any underground storage tank; (C) Borings or test pits shall be located along each side of an imaginary rectangular area drawn around an UST or group of USTs so that each side of the rectangle lies a maximum of three feet from the nearest UST: (i) The imaginary rectangle may be drawn around a group of USTs when each UST is within six feet of an adjacent UST; (ii) A separate imaginary rectangle must be drawn around each UST that is located more than six feet from an adjacent UST; (iii) A minimum of one boring or test pit shall be located at the midpoint on each side of the imaginary rectangle. Where a side exceeds fifteen feet, two or more borings or test pits shall be located equally spaced along the side. Borings or test pits shall not be located more than twenty-five feet apart along any side of the rectangle. (D) Analyze the soil and/or ground water samples in accordance with section (1) of this rule. NOTE: The soil assessment procedures outlined in this section are intended for use only when qualifying for the reimbursement grant described by these rules. Statutory/Other Authority: ORS 466.706 - 466.995 Statutes/Other Implemented: OL 1989 & Ch. 1071 History: DEQ 109-2018, minor correction filed 04/10/2018, effective 04/10/2018 DEQ 12-1990, f. & cert. ef. 3-13-90 DEQ 21-1989(Temp), f. & cert. ef. 9-18-89
340-170-0030 Underground Storage Tank Tightness Testing (1) UST tightness testing consists of testing the underground storage tank and associated piping and equipment routinely in contact with the ground for tightness against product leakage at normal operating pressures. (2) Tank tightness testing must be capable of detecting a 0.1 gallon per hour leak rate from any portion of the UST that routinely contains product while accounting for the effects of thermal expansion or contraction of the product, vapor pockets, tank deformation, evaporation or condensation, and the location of the water table. (3) Pipe tightness testing, for that piping not tested during the tank tightness test, must be capable of detecting a 0.1 gallon per hour leak rate at one and one-half times the operating pressure. Suction piping shall be tested at a positive pressure equivalent to one and one-half times the negative operating pressure. (4) The tank and pipe tightness testing report shall contain the testing equipment manufacturers written performance claims pertaining to the test used, and the manner in which these claims have been justified or tested by the equipment manufacturer. Statutory/Other Authority: ORS 466.706 - 466.995 Statutes/Other Implemented: OL 1989 & Ch. 1071 History: DEQ 12-1990, f. & cert. ef. 3-13-90 DEQ 21-1989(Temp), f. & cert. ef. 9-18-89
340-170-0050 General Provisions, Underground Storage Tank Facility Reimbursement Grant (1) The property owner, tank owner, or permittee of an UST facility may qualify to receive an UST tightness testing and soil assessment reimbursement grant at any facility location. (2) A facility location may not receive more than one reimbursement grant. (3) The reimbursement grant shall not exceed the lesser of 50 percent of the costs for UST tightness testing and soil assessment or $3,000 at any facility location. (4) The reimbursement grant is limited to investigating underground storage tank systems located at a facility: (a) Where tanks contain motor fuel; (b) Are regulated by OAR 340, division 150; (c) Where UST tightness testing is performed in accordance with OAR 340-160-0005 through 340-160-0150; (d) Where UST tightness testing is performed in accordance with these rules; (e) Where soil assessment is performed in accordance with OAR 340, division 122 and these rules; (f) Where soil assessment is performed under the direction or supervision of a registered professional engineer, registered geologist, or a certified professional soil scientist (a soil scientist with certification and inclusion in the American Registry of Certified Professionals in Agronomy, Crops, and Soils, Ltd. (ARCPACS)); (g) Where soil assessment and/or UST tightness testing is performed after September 1, 1989 and before October 1, 1991; and (h) Where regulated underground storage tanks have a valid UST permit. NOTE: The Department will not approve a grant where tanks are being permanently decommissioned, removed or filled in place. The legislature intended for the grants to assist operating motor fuel facilities attempting to comply with Federal/State underground storage tank regulations. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: OL 1989 & Ch. 1071 History: DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91 DEQ 12-1990, f. & cert. ef. 3-13-90 DEQ 21-1989(Temp), f. & cert. ef. 9-18-89
340-170-0060 Application, Underground Storage Tank Facility Reimbursement Grant (1) Any person wishing to obtain a reimbursement grant from the Department shall submit a written application on a form provided by the Department. Applications must be submitted no later than October 1, 1992. All application forms must be completed in full, and accompanied by all required exhibits. (2) Applications which are unsigned or which do not contain the required exhibits (clearly identified) will not be accepted by the Department and will be promptly returned to the applicant for completion. The application will not be considered complete until the requested information is received. The application will be considered to be withdrawn if the applicant fails to submit the requested information within 180 days of the request. (3) Applications which are complete will be accepted by the Department. (4) Within 30 days after the application is determined complete, the Department will approve the application if the UST tightness testing and soil assessment meets all Department requirements. (5) In the event the Department is unable to process an application within 30 days after the application is considered complete by the Department, the applicant shall be deemed to have received approval of the application. In no case, however, is the Department obligated to reimburse more than 50 percent or $3,000, whichever is the lesser amount. (6) If, upon review of an application, the Department determines that the reimbursement grant application does not meet the requirements of the statutes and rules, the Department shall notify the applicant in writing of this determination. Such notification shall constitute final action by the Department on the application. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.995 Statutes/Other Implemented: OL 1989 & Ch. 1071 History: DEQ 14-1992, f. & cert. ef. 6-11-92 DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91 DEQ 12-1990, f. & cert. ef. 3-13-90 DEQ 21-1989(Temp), f. & cert. ef. 9-18-89