reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0430 - Inventory Control Method of Release Detection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An owner and permittee using inventory
			 control as a release detection method must meet this rule's requirements.
			 Inventory control may not be used as a release detection method for underground
			 piping.
(2) Use of inventory
			 control as a release detection method is allowed for a period of:
(a) Ten years after the installation of the
			 UST system; or
(b) Ten years after
			 the UST system achieved compliance with corrosion protection requirements;
			 except
(c) In no case may inventory
			 control be used as a primary release detection method after December 22, 2008;
			 and
(d) After the period of use has
			 expired as listed in subsections (a) through (c) of this section, an owner and
			 permittee must use one of the release detection methods in OAR 340-150-0435  or
			 340-150-0450  through 340-150-0470.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0440 - Manual Tank Gauging Release Detection Method

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An owner and permittee may use manual
			 tank gauging as a release detection method for USTs that are less than 2,001
			 gallons in size.
(a) For USTs of 550 gallons
			 or less nominal capacity and USTs with a nominal capacity of 551 to 1,000
			 gallons that meet the tank diameter criteria in the table may use this as the
			 sole method of release detection.
(b) For USTs of 551 to 2,000 gallons in size,
			 this method may be used instead of manual inventory control (OAR 340-150-0430).
			 This method is allowed for a period of:
(A)
			 Ten years after the installation of the UST system; or
(B) Ten years after the UST system achieved
			 compliance with corrosion protection requirements; except
(C) In no case may manual tank gauging be
			 used as a primary release detection method after December 22, 2008.
(c) After the period of use has
			 expired as listed in paragraph (1)(b)(C) of this section, an owner and
			 permittee of an UST between 551 and 2,000 gallons in size must use one of the
			 release detection methods in OAR 340-150-0435  through 340-150-0470.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0445 - Tank Tightness Testing for Release Detection and Investigation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An owner and
			 permittee using tightness testing in combination with a primary release
			 detection method or as a method for investigating a suspected release must use
			 a test method or procedure that:
(a) Is able
			 to detect a 0.1 gallon per hour leak rate from any portion of the UST system
			 that routinely contains a regulated substance, while accounting for the effects
			 of thermal expansion or contraction of the regulated substance, vapor pockets,
			 tank deformation, evaporation or condensation and the location of the water
			 table;
(b) Meets a probability of
			 detection of at least 95 percent and a probability of false results (or false
			 alarm, depending on method used) of no more than 5 percent; and
(c) Is an approved leak detection method or
			 equipment as listed by a national organization (e.g., the National Work Group
			 on Leak Detection).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0450 - Automatic Tank Gauging Release Detection Method

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An owner and permittee using equipment
			 for automatic tank gauging (ATG) that tests for the loss of a regulated
			 substance and conducts inventory control as a release detection method must use
			 equipment that meets the requirements of this rule. The ATG system must:
(a) Be able to detect a 0.2 gallon per hour
			 leak rate with a probability of detection of at least 95 percent and a
			 probability of false alarm of no more than 5 percent for all portions of the
			 UST that routinely contain a regulated substance; and
(b) The ATG system must be an approved leak
			 detection method or equipment as listed by a national organization (e.g., the
			 National Work Group on Leak Detection).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0455

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 466.706 - 466.835, 466.994 &
				  466.995
Stats. Implemented: ORS 466.746 &
				  466.765
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0460

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 466.706 - 466.835, 466.994 &
				  466.995
Stats. Implemented: ORS 466.746 &
				  466.765
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0465 - Interstitial Monitoring Release Detection Method

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An owner and permittee may use an
			 interstitial monitoring system as a release detection method if:
(a) The system is designed, constructed and
			 installed in accordance with a national code of practice or industry standard
			 and the interstitial monitoring system is an approved leak detection system
			 (method and equipment) for that system as listed by a national organization
			 (e.g., the National Work Group on Leak Detection); and
(b) The system is able to detect a leak from
			 any portion of an UST or underground piping that routinely contains a regulated
			 substance.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0470 - Other Methods of Release Detection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An owner and permittee may use a release
			 detection method for an UST or underground piping not otherwise specified in
			 OAR
			 340-150-0410  through
			 340-150-0465  if:
(a) The device is able to detect a 0.2
			 gallon per hour leak rate with a probability of detection of at least 95
			 percent and a probability of false alarm of no more than 5 percent for all
			 portions of the UST or underground piping that routinely contains a regulated
			 substance;
(b) The method is an
			 approved leak detection method or equipment as listed by a national
			 organization (e.g., the National Work Group on Leak Detection).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0500 - Reporting Suspected Releases

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An owner and permittee of an UST system must notify DEQ within 24 hours, or
			 another reasonable period allowed by DEQ, and follow the procedures in OAR
			 340-150-0510  for any of the following conditions:
(a) The discovery by any means of a regulated
			 substance at the UST facility or in the surrounding off-site area such as, but
			 not limited to, the presence of free product or vapors in soils, basements,
			 sewer or utility lines or nearby surface water or release into a secondary
			 containment area. Additionally, an owner and permittee must identify and
			 mitigate any fire, explosion or vapor hazards at the UST facility in accordance
			 with OAR 340-122-0220(3); or
(b)
			 Unusual operating conditions (such as, but not limited to, the erratic behavior
			 of product dispensing equipment, the sudden loss of product from the UST
			 system, differences or widely fluctuating water levels or an unexplained
			 presence of water in the tank, or liquid in the interstitial space of
			 secondarily contained systems, unless the system equipment or component is
			 immediately tested and found to be defective, but not leaking, and is
			 immediately repaired; or
(c) For
			 secondarily contained systems, except as provided for in OAR
			 340-150-0465(2)(b)(D), any liquid in an interstitial space not used as part of
			 the interstitial monitoring method (for example, brine filled) unless the
			 liquid is immediately removed; or
(d) Monitoring results or alarms from any
			 release detection method that indicates a release may have occurred as set
			 forth in OAR 340-150-430 through OAR 340-150-0470, unless
(A) The monitoring device is found to be
			 defective and is immediately repaired or recalibrated and subsequent monitoring
			 events as required by the specific release detection method do not confirm the
			 initial result; or
(B) The leak is
			 contained in the secondary containment and, except as provided for in OAR
			 340-150-0465(2)(b)(D), any liquid in an interstitial space not used as part of
			 the interstitial monitoring method (for example, brine filled) is immediately
			 removed, or any defective system equipment or component is immediately
			 repaired; or
(C) The alarm was
			 determined to be a non-release event (for example, from a power surge or caused
			 by filling the tank or dispensing during release detection testing).
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0510 - Suspected Release Investigation and Confirmation Steps

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Following the discovery of a suspected
			 release of a regulated substance, an owner and permittee must immediately
			 initiate investigation and confirmation of the suspected release as this rule
			 requires. This investigation must be completed within seven days or as DEQ
			 otherwise approves or directs.
(2)
			 Upon expiration of the 7-day period or other period DEQ approves, an owner and
			 permittee must notify DEQ of the investigation results by submitting to DEQ:
(a) A written description of the system test
			 that confirmed a release did not occur, including any test results;
			 or
(b) A written plan of action to
			 complete the suspected release investigation system test or site assessment.
			 Any plan of action must include a schedule for completion.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0520 - Investigation Due to Off Site Impacts

Current through Register Vol. 63, No. 7, July 1, 2024
When required by the department, an owner and permittee of an
				UST system must follow the procedures in OAR
				340-150-0510 to determine if their UST system is the source of off site impacts. These
				impacts include, but are not limited to, the presence of a regulated substance
				(such as the presence of free product or vapors in soils, basements, sewer and
				utility lines and nearby surface and drinking waters) that has been observed by
				the department or brought to its attention by another person.
Stat. Auth.: ORS 466.706 - ORS 466.835, ORS 466.994 & ORS
				  466.995
Stats. Implemented: ORS 466.746 & ORS
				  466.765
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0540 - Applicability to Previously Closed UST Systems

Current through Register Vol. 63, No. 7, July 1, 2024
When directed by the department, an owner of an UST system
				permanently closed or abandoned (e.g., left unused without being substantially
				emptied, decommissioned or permanently altered structurally to prevent reuse)
				before December 22, 1988, or an owner and permittee for any UST facility for
				which inadequate decommissioning records are available for review by the
				department, must assess the excavation zone and close the UST system in
				accordance with this division if a release from the UST poses, in the judgment
				of the department, a current or potential threat to human health or the
				environment.
Stat. Auth.: ORS 466.706 - ORS 466.835, ORS 466.994 & ORS
				  466.995
Stats. Implemented: ORS 466.746 & ORS
				  466.765
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0550 - Definitions for OAR 340-150-0555 and 340-150-0560

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 340-150-0555  and 340-150-0560, the following
				terms are defined as follows:
(1)
			 "Existing tank system" means a tank system used to contain an accumulation of
			 regulated substances or a tank system, the installation of which began on or
			 before December 22, 1988. Installation is considered to have begun if:
(a) The owner or permittee has obtained all
			 federal, state, and local approvals or permits necessary to begin physical
			 construction of the site or installation of the tank system; and if,
(b) Either a continuous on-site physical
			 construction or installation program has begun; or,
(c) The owner or permittee has entered into
			 contractual obligations for physical construction at the site or installation
			 of the tank system to be completed within a reasonable time and those
			 contractual obligations cannot be cancelled or modified without substantial
			 loss.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0555 - Compliance Dates for USTs and Piping

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An owner and permittee must comply with
			 all release detection requirements for a new or existing UST system or
			 permanently close the UST system by the following schedule:
(a) For UST systems installed before 1965 and
			 for UST systems where the installation date is unknown:
(A) December 22, 1989, for tanks and suction
			 piping.
(B) December 22, 1990, for
			 pressurized piping.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0560 - Upgrading Requirements for Existing UST Systems

Current through Register Vol. 63, No. 7, July 1, 2024
This rule describes the technical requirements for UST systems
				that an owner and permittee was required to meet by December 22, 1998, under
				OAR 340-150-0555(3).
(1) Tank
			 upgrading requirements. An owner and permittee of an existing steel UST must
			 upgrade the UST system to meet one of the requirements set forth in
			 40 C.F.R. §
									280.21(b) (October 13,
			 2015), and OAR 340-150-0320.
(2)
			 Piping upgrading requirements. An owner and permittee of an existing UST system
			 must cathodically protect metal underground piping that routinely contains a
			 regulated substance in accordance with
			 40 C.F.R. §
									280.21(c) (October 13,
			 2015), and OAR 340-150-0320.
(3)
			 Spill and overfill prevention equipment. An owner and permittee of an existing
			 UST system must comply with new UST system spill and overfill prevention
			 equipment requirements specified in
			 40 C.F.R. §
									280.20(c) (October 13,
			 2015), and OAR 340-150-0310.
(4)
			 Owners and permittees must permanently close, in accordance with subpart G of
			  40 C.F.R. § 280  (October 13, 2015), any UST system that does not meet the
			 new UST system performance standards in
			 40 C.F.R. §
									280.20 (October 13, 2015), OAR 340-150-0160,
			 or has not been upgraded as specified in sections (1) through (3) of this
			 section. This does not apply to previously deferred UST systems described in
			 OAR 340-150-0137  and where an upgrade is determined to be appropriate by
			 DEQ.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  466.706  - 466.835, 466.994 & 466.995
Statutes/Other Implemented: ORS
				  466.746  & 466.765
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0600 - Delegation of Program Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any agency of the state or a unit of
			 local government that seeks the authority to administer all or part of the UST
			 program covered by OAR chapter 340, divisions 150 and 151 must submit to the
			 department a written application that describes the portions of the UST program
			 it proposes to administer. The application must contain the following:
(a) A description in narrative form of the
			 scope, structure, coverage and procedures of the proposed program;
			 and
(b) A description, including
			 organization charts, of the organization and structure of applicant, including:
(A) The number of employees, occupation and
			 general duties of each employee who will carry out the activities of the
			 program;
(B) An itemized estimate
			 of the cost of establishing and administering the program, including the cost
			 of personnel listed in paragraph (A) of this subsection, administrative and
			 technical support;
(C) An
			 itemization of the source and amount of funding available to meet the costs
			 listed in paragraph (B) of this subsection, including any restrictions or
			 limitations upon this funding;
(D)
			 A description of applicable procedures, including permit procedures;
(E) Copies of the permit form, application
			 form and reporting form that will be used in the program;
(F) A complete description of the methods to
			 be used to assure compliance and for enforcement of the program;
(G) A description of the procedures to be
			 used to coordinate information with the department, including the frequency of
			 reporting and report content; and
(H) A description of the procedures the
			 applicant will use to comply with trade secret laws under ORS 192.500 and
			 468.910.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 150 - UNDERGROUND STORAGE TANK RULES › Section 340-150-0620 - Approval of More Stringent Performance Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 151 - FINANCIAL RESPONSIBILITY FOR USTS › Section 340-151-0001 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 466.746 & ORS 466.815
Stats. Implemented: ORS
				  466.815
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 151 - FINANCIAL RESPONSIBILITY FOR USTS › Section 340-151-0010 - Scope and Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  466.746  & 466.815
Statutes/Other Implemented: ORS
				  466.815
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 151 - FINANCIAL RESPONSIBILITY FOR USTS › Section 340-151-0015 - Adoption and Applicability of United States Environmental Protection Agency Regulations

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  466.746  & 466.815
Statutes/Other Implemented: ORS
				  466.815
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 151 - FINANCIAL RESPONSIBILITY FOR USTS › Section 340-151-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The definitions and terms used in OAR 340-150-0010  and
				40 CFR §
									280.92 apply to this division.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  466.746  & 466.815
Statutes/Other Implemented: ORS
				  466.815
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 151 - FINANCIAL RESPONSIBILITY FOR USTS › Section 340-151-0025 - Oregon-Specific Financial Responsibility Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
[NOTE: The following rules incorporate and modify
				40
				C.F.R. §§
									280.90 through
				280.115
				(Oct. 15, 2015.) When reading this rule, note that different text styles are
				used to distinguish the different types of changes made. Where federal rule
				language is adopted and quoted, it is double indented and italicized.. New
				language that has been added to existing federal requirements is in bold font.
				Existing federal language that is deleted is noted by [bracketed]
				formatting.]
(1) The term "owner and
			 permittee" is substituted in lieu of the term "owner or operator" as that term
			 is used throughout  40 C.F.R. Part 280, Subpart H (Oct. 13, 2015).
(2) The following terms are in addition to
			 the definitions in
			 40 CFR §
									280.92:
(a)
"Owner" means a person who currently owns an UST or owned an UST during
			 the tank's operational life, including:
(A)
In the case of an UST system in
			 use on November 8, 1984, or brought into use after that date, any person who
			 owns an UST system used for storage, use or dispensing of regulated substances;
			 and
(B)
In the case of
			 an UST system in use before November 8, 1984, but no longer in use on that
			 date, any person who owned such UST immediately before the discontinuation of
			 its use.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 160 - REGISTRATION AND LICENSING REQUIREMENTS FOR UNDERGROUND STORAGE TANK SERVICE PROVIDERS › Section 340-160-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(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; and
(c) Administration
			 and enforcement of these rules by the department.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 160 - REGISTRATION AND LICENSING REQUIREMENTS FOR UNDERGROUND STORAGE TANK SERVICE PROVIDERS › Section 340-160-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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) "Service provider"
			 means a person licensed by the department to offer to perform or perform UST
			 services on USTs regulated under OAR chapter 340, division 150.
(3) "Supervisor" means an individual licensed
			 by the department to direct and oversee specific UST services.
(4) "UST services" includes without
			 limitation, installation, decommissioning, modification, testing (e.g.,
			 cathodic protection and tank tightness), and inspection of UST
			 systems.
Stat. Auth.: ORS 466.746 & ORS 466.750
Stats. Implemented: ORS 466.706 & ORS
				  466.750
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 160 - REGISTRATION AND LICENSING REQUIREMENTS FOR UNDERGROUND STORAGE TANK SERVICE PROVIDERS › Section 340-160-0020 - General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 person may not perform or offer to perform UST services without first obtaining
			 a license from the department.
(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 the department.
(3) A service provider must:
(a) Comply with this division;
(b) Have proof of current license available
			 when UST services are performed;
(c) Maintain a current address on file with
			 the department; and
(d) Perform UST
			 services in a manner that conforms with all federal and state regulations
			 applicable at the time the services are being performed.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 160 - REGISTRATION AND LICENSING REQUIREMENTS FOR UNDERGROUND STORAGE TANK SERVICE PROVIDERS › Section 340-160-0025 - Types of Licenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 department may issue the following types of licenses:
(a) Service provider;
(b) Installation supervisor;
(c) Decommissioning supervisor;
(d) Tank tightness test supervisor;
			 and
(e) Cathodic protection system
			 test supervisor.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 160 - REGISTRATION AND LICENSING REQUIREMENTS FOR UNDERGROUND STORAGE TANK SERVICE PROVIDERS › Section 340-160-0030 - Licensing of UST Service Providers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To apply for a service provider license,
			 a person must submit an application to the department on a form provided by the
			 department that includes:
(a) The name,
			 address and telephone number of the applicant;
(b) The category(ies) of UST services to be
			 performed;
(c) A summary of the UST
			 services provided by the applicant within the two year period immediately
			 preceding the application, including the number of UST service projects
			 completed in each category of UST services and identification of any other
			 industry or government licenses held by the applicant related to specific UST
			 services;
(d) A list of employees
			 with supervisor licenses, the specific UST services for which they are
			 licensed, the date the employee received a license from the department and each
			 employee's license number;
(e) A
			 signed statement that certifies that: "I [insert name], am the chief executive
			 officer of [insert company name] and do hereby certify that I have obtained a
			 copy of the applicable laws and rules pertaining to the regulation of
			 underground storage tanks in the State of Oregon and that I have read them and
			 will direct the employees and principals of this company to perform the UST
			 services rendered by this company in accordance with those laws and rules";
			 and
(f) The required license
			 fee.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 160 - REGISTRATION AND LICENSING REQUIREMENTS FOR UNDERGROUND STORAGE TANK SERVICE PROVIDERS › Section 340-160-0035 - Supervisor Licensing

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 466.746 & ORS 466.750
Stats. Implemented: ORS
				  466.750
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 160 - REGISTRATION AND LICENSING REQUIREMENTS FOR UNDERGROUND STORAGE TANK SERVICE PROVIDERS › Section 340-160-0040 - Supervisor Examinations

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 160 - REGISTRATION AND LICENSING REQUIREMENTS FOR UNDERGROUND STORAGE TANK SERVICE PROVIDERS › Section 340-160-0054 - Reciprocity with Other Jurisdictions

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 466.746 & ORS 466.750
Stats. Implemented: ORS
				  466.750
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 160 - REGISTRATION AND LICENSING REQUIREMENTS FOR UNDERGROUND STORAGE TANK SERVICE PROVIDERS › Section 340-160-0150 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 466.746 & 466.750
Stats. Implemented: ORS
				  466.750
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 163 - REGISTRATION AND LICENSING REQUIREMENTS FOR HEATING OIL TANK SOIL MATRIX CLEANUP SERVICE PROVIDERS AND SUPERVISORS › Section 340-163-0005 - Authority, Purpose, and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 163 - REGISTRATION AND LICENSING REQUIREMENTS FOR HEATING OIL TANK SOIL MATRIX CLEANUP SERVICE PROVIDERS AND SUPERVISORS › Section 340-163-0020 - General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Effective March 15, 2000, no firm may perform or offer to perform heating oil
			 tank services without first having obtained a heating oil tank service provider
			 license from the Department. Such services include, but are not limited to,
			 site assessments on active or inactive heating oil tanks, decommissioning and
			 cleanup.
(2) Any service provider
			 licensed by the Department under the provisions of these rules must comply with
			 the appropriate provisions of:
(a) OAR
			 Chapter 340, Division 163;
(b) OAR
			 340-122-0205  through
			 340-122-0365;
(c) OAR Chapter 340,
			 Division 177; and
(d) Any other
			 federal, state, or local regulations applicable to underground heating oil
			 tanks.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 163 - REGISTRATION AND LICENSING REQUIREMENTS FOR HEATING OIL TANK SOIL MATRIX CLEANUP SERVICE PROVIDERS AND SUPERVISORS › Section 340-163-0030 - Licensing Requirements for Heating Oil Tank Service Providers

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 163 - REGISTRATION AND LICENSING REQUIREMENTS FOR HEATING OIL TANK SOIL MATRIX CLEANUP SERVICE PROVIDERS AND SUPERVISORS › Section 340-163-0035 - Licensing and Examination Requirements for Heating Oil Tank Supervisors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An individual
			 must take and pass a qualifying examination approved by the Department to be
			 eligible to apply for a license to supervise heating oil tank services when
			 employed by a licensed heating oil tank service provider. The Department may
			 use examinations administered by a nationally recognized underground storage
			 tank examination firm or organization.
(2) If no national examination system is
			 available or if an Oregon-specific testing method is determined necessary by
			 the Department, the Department may develop an examination process that may
			 include field tests in addition to or in lieu of a written examination, that is
			 specific to heating oil tank services, is administered by the Department, and
			 that includes reimbursement of an amount sufficient to cover the costs of
			 administering the examination.
(3)
			 The Department will issue a license for heating oil tank site assessment,
			 decommissioning and cleanup activities to individuals who complete and submit a
			 license application to the Department that includes, but is not limited to, the
			 following information:
(a) Name and address
			 of the individual;
(b) Name,
			 address and license number of the service provider that the individual is
			 employed by or is regularly associated with;
(c) Original or clearly legible copy of
			 documentation that the applicant has successfully passed the appropriate
			 supervisor examination; and
(d) The
			 required fee.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 163 - REGISTRATION AND LICENSING REQUIREMENTS FOR HEATING OIL TANK SOIL MATRIX CLEANUP SERVICE PROVIDERS AND SUPERVISORS › Section 340-163-0050 - Service Provider Insurance Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 163 - REGISTRATION AND LICENSING REQUIREMENTS FOR HEATING OIL TANK SOIL MATRIX CLEANUP SERVICE PROVIDERS AND SUPERVISORS › Section 340-163-0060 - Certification of Work Performed

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 163 - REGISTRATION AND LICENSING REQUIREMENTS FOR HEATING OIL TANK SOIL MATRIX CLEANUP SERVICE PROVIDERS AND SUPERVISORS › Section 340-163-0070 - Department Review of Certified Reports

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 163 - REGISTRATION AND LICENSING REQUIREMENTS FOR HEATING OIL TANK SOIL MATRIX CLEANUP SERVICE PROVIDERS AND SUPERVISORS › Section 340-163-0110 - License Denial, Suspension, Revocation

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 163 - REGISTRATION AND LICENSING REQUIREMENTS FOR HEATING OIL TANK SOIL MATRIX CLEANUP SERVICE PROVIDERS AND SUPERVISORS › Section 340-163-0150 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 170 - UNDERGROUND STORAGE TANK REIMBURSEMENT GRANT PROGRAM › Section 340-170-0005 - Authority, Purpose, and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 These rules are promulgated in accordance with and under the authority of ORS
			 466.706 through 466.835 andORS 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 byORS
			 466.706 through 466.835 and ORS 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.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 170 - UNDERGROUND STORAGE TANK REIMBURSEMENT GRANT PROGRAM › Section 340-170-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules:
(1) "Commission" means the Environmental
			 Quality Commission.
(2) "Corrective
			 Action" means remedial action taken to protect the present or future public
			 health, safety, welfare, or the environment from a release of a regulated
			 substance. "Corrective action" includes but is not limited to:
(a) The prevention, elimination, removal,
			 abatement, control, minimization, investigation, assessment, evaluation or
			 monitoring of a hazard or potential hazard or threat, including migration of a
			 regulated substance; or
(b)
			 Transportation, storage, treatment or disposal of a regulated substance or
			 contaminated material from a site.
Oregon Administrative Rules › Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY › Division 170 - UNDERGROUND STORAGE TANK REIMBURSEMENT GRANT PROGRAM › Section 340-170-0020 - Soil Assessment

Current through Register Vol. 63, No. 7, July 1, 2024
(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 Chapter 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.