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 340-163-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this Division, the following definitions
				apply:
(1) "Commission' means the
			 Environmental Quality Commission.
(2) "Confirmed Release' means petroleum
			 contamination observed in soil or groundwater as a sheen, stain, or petroleum
			 odor, or petroleum contamination detected in soil by the Northwest Total
			 Petroleum Hydrocarbon Identification Analytical Method (NWTPH-HCID, DEQ,
			 December, 1996), or analytical results of 50 mg/kg or greater for Diesel/Lube
			 Oil Range Hydrocarbons by Method NWTPH-Dx (DEQ, December, 1996), or detected in
			 groundwater having concentrations detected by any appropriate analytical method
			 specified in OAR 340-122-0218.
(3)
			 "Corrective Action' has the same meaning as given in ORS
			 466.706.
(4) "Decommissioning' means to remove an
			 underground heating oil tank from operation by an approved method specified in
			 OAR 340-177-0025, such as abandonment in place (e.g. cleaning and filling with
			 an inert material) or by removal from the ground.
(5) "Department' means the Oregon Department
			 of Environmental Quality.
(6) "Fee'
			 means a fixed charge or service charge.
(7) "Firm' means any business, including but
			 not limited to corporations, limited partnerships, and sole proprietorships,
			 engaged in the performance of heating oil tank services.
(8) "Heating Oil' means petroleum that is No.
			 1, No. 2, No. 4-heavy, No. 5-light, No. 5-heavy, and No. 6 - technical grades
			 of fuel oil: other residual fuel oils (including Navy Special Fuel oil and
			 Bunker C); and other fuels when used as substitutes for one of these fuel
			 oils.
(9) "Heating Oil Tank' means
			 any one or combination of underground tanks and above ground or underground
			 pipes connected to the tank, which is used to contain heating oil used for
			 space heating a building with human habitation or, water heating not used for
			 commercial processing.
(10)
			 "Heating Oil Tank Services' means the decommissioning of a heating oil tank or
			 the performance of corrective action necessary as a result of a release of oil
			 from an underground heating oil tank.
(11) "Licensed' means that a firm or an
			 individual with supervisory responsibility for the performance of heating oil
			 tank services has met the Department's qualification requirements to offer or
			 perform such services and has been issued a license by the
			 Department.
(12) "Responsible
			 Person' means "owner or operator' as defined in ORS
			 465.200(19)
			 and any other person liable for or voluntarily undertaking remediation under
			 465.200, and is used synonymously with the term "tank owner' in this
			 Division.
(13) "Service Provider'
			 is a firm licensed to offer and perform heating oil tank services on
			 underground heating oil tanks in Oregon.
(14) "Supervisor' means a licensed individual
			 who is charged with the responsibility for directing and overseeing the
			 performance of heating oil tank services at a tank site.
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  466.706  - 466.895 & 466.995
Statutes/Other Implemented: ORS
				  466.706  & 466.750