Oregon Administrative Code

340-160-0030 Licensing of UST Service Providers (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…

340-160-0035 Supervisor Licensing (1) To obtain a license from the department to supervise the installation, decommissioning or testing of an UST, an individual must submit an application to the department on a form provided by the department within 30 days of passing the qualify…

340-160-0040 Supervisor Examinations (1) To apply for a license from the department to supervise the installation, decommissioning or testing of an UST, an individual must take and pass a qualifying examination approved by the department. (2) In lieu of the requirements of sectio…

340-160-0054 Reciprocity with Other Jurisdictions The department may develop agreements with other jurisdictions for the purposes of establishing reciprocity in training, licensing, and certification if the department finds that the training, licensing and certification standards…

340-160-0150 Fees (1) The nonrefundable application fee for a service provider license is $600. (2) The nonrefundable application fee for a supervisor license is $150. This fee covers up to four supervisor license categories, if the expiration date is the same for all license cat…

340-163-0005 Authority, Purpose, and Scope (1) These rules are promulgated in accordance with and under the authority of ORS 466.706 and 466.750. (2) The purpose of these rules is to provide for the regulation of firms and individuals who perform heating oil tank services for und…

340-163-0010 Definitions As used in this Division, the following definitions apply: (1) “Commission” means the Environmental Quality Commission. (2) “Confirmed Release” means petroleum contamination observed in soil or groundwater as a sheen, stain, or petroleum odor, or petroleu…

340-163-0020 General Provisions (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 asses…

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 informatio…

340-163-0035 Licensing and Examination Requirements for Heating Oil Tank Supervisors (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 h…

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 corre…

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. Categor…

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 s…

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 cont…

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 follow…

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 (Sen…

340-170-0010 Definitions 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 subs…

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…

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) Tan…

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 facil…

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…

340-170-0070 Information Required on the Reimbursement Grant Application (1) The reimbursement grant application shall include: (a) The name and mailing address of the grant applicant; (b) The signatures of the property owner, the tank owner and the permittee; (c) The UST facilit…

340-170-0080 Reimbursement Grant Payment (1) Upon approval of the reimbursement grant application the Department shall determine if sufficient grant funds are available in the Underground Storage Tank Compliance and Corrective Action Fund to make the reimbursement grant payment. …

340-172-0005 Authority, Purpose, and Scope (1) These rules are promulgated in accordance with and under the authority of ORS 466.706 to 466.835 as amended by Chapter 863, Oregon Laws, 1991 (Senate Bill 1215). (2) The purpose of these rules is to: (a) Provide for the regulation of…

340-172-0010 Definitions As used in these rules: (1) “Aboveground Storage Tank” or “AST” means one or a combination of tanks that is used to contain an accumulation of motor fuel for resale and is not an underground storage tank. NOTE: Some examples of ASTs include: -1- Tanks loc…

340-172-0015 Interim Program Benefits Financial Assistance Program applications approved and confirmed for funding between July 1, 1993 and July 1, 1995 can only qualify for an essential services grant. Statutory/Other Authority: OL 1993 & Ch. 661 Statutes/Other Implemented: OL 1…

340-172-0020 General Provisions, UST Financial Assistance (1) To qualify for financial assistance under these rules, a person: (a) Must be the owner of the USTs at a facility holding or that held an accumulation of motor fuel for resale; or (b) Must be the person responsible for …

340-172-0025 Documents Required to Receive Financial Assistance (1) To receive financial assistance under this program an applicant must submit: (a) The combination of: (A) On or before April 1, 1994, a Letter of Intent to apply for financial assistance, Appendix 2 of these rules…

340-172-0030 Application Process for UST Financial Assistance (1) Any person wishing to obtain UST financial assistance from the Department shall submit a written application on a form provided by the Department. Applications must be submitted no later than October 1, 1996. All a…

340-172-0040 Information Required on Financial Assistance Application (1) The UST financial assistance application shall include, at a minimum: (a) The applicant’s name, mailing address and phone. NOTE: An applicant must be the property owner, tank owner or permittee. (b) The sig…

340-172-0050 Site Assessment (1) Unless the Department finds the UST site meets the decommissioning requirements in OAR 340, division 150 or the cleanup standards described in OAR 340, division 122 based upon currently available information, a person applying for financial assist…

340-172-0060 Notice of Compliance with Cleanup Standards (1) The Department will issue a written notice of compliance with the Department’s soil and groundwater cleanup standards where no cleanup is required, the results show compliance with applicable standards and the applicant…

340-172-0070 Determination and Conditions of Financial Assistance (1) The Department shall determine the applicant’s financial assistance tier from: (a) Information provided in the application; (b) The financial ratios determined in accordance with OAR 340-172-0040(2) by a licens…

340-172-0080 Financial Assistance Priority Monies, other than monies necessary to pay the Department’s program administration expenses, will be allocated in the following priority order: (1) First to satisfy the 1993–1995 biennial obligations for the financial assistance commitme…

340-172-0090 Financial Responsibility (1) Applicants receiving UST financial assistance under these rules must demonstrate compliance with the financial responsibility requirements of OAR 340-174-0060 and division 150 within 60 days of the Department issuing a letter requiring de…

340-172-0100 Records The Department and commercial lending institutions shall have access to books, documents, papers and records of the applicant which are directly pertinent to qualifying for financial assistance for the purpose of making audit, examination, excerpts and transc…

340-172-0110 Appeal Procedures (1) If an applicant disagrees with the Department’s decision regarding financial assistance for that applicant under these rules, the applicant may request a formal contested case hearing in accordance with ORS 183.310 through 183.550 and rules prom…

340-172-0120 Enforcement (1) Where a person who is the tank owner, property owner or permittee has submitted a financial assistance application or has filed a signed Letter of Intent or Consent Agreement (Appendix 3), in accordance with these rules, the facility shall not be subj…

340-172-0130 Enforcement and Termination of Financial Assistance (1) The Department may terminate financial assistance and require repayment of any financial assistance by any person receiving financial assistance under these rules if the person: (a) Fraudulently obtains or attem…

340-172-0140 Cost Containment (1) To assure appropriate expenditure of financial assistance funds, the Department may require a person receiving financial assistance under these rules to manage UST project work under the direction of the Department. The Department may require the…

340-174-0005 Authority, Purpose, and Scope (1) These rules are promulgated in accordance with and under the authority of ORS 466.706 to 466.835 as amended by Chapter 863, Oregon Laws, 1991 (Senate Bill 1215). These rules are in addition to OAR 340, division 172. (2) The purpose o…

340-174-0010 Definitions The definitions in OAR 340-172-0010 and the following definitions apply to these rules. (1) “Insurer” means insurance agent, producing agent or company providing underground storage tank insurance meeting state and federal underground storage tank financi…

340-174-0020 Insurance Copayment Benefits (1) Any person eligible for Tier 2, 3, or 4 UST financial assistance under OAR 340, division 172 will qualify for UST insurance copayment assistance upon receipt of a UST insurance copayment certificate. (2) In addition to the requirement…

340-174-0030 General Provisions, Insurance Copayment (1) A person qualifying under OAR 340, division 172 and these rules may receive assistance in buying insurance that meets the UST financial responsibility requirements at UST facilities holding an accumulation of motor fuel for…

340-174-0040 Application for UST Insurance Copayment Certificate Any person wishing to apply for insurance copayment assistance under these rules shall submit a written application in accordance with OAR 340, division 172. Statutory/Other Authority: ORS 466.706 - 466.895 & 466.99…

340-174-0050 Additional Information Required on the UST Financial Assistance Application In addition to the requirements of OAR 340-172-0040, the UST financial assistance application shall include a copy of the insurer’s written quote agreeing to provide UST financial responsibil…

340-174-0055 Insurance Copayment Certificate of Eligibility (1) The Department shall issue an insurance copayment certificate to an applicant who has filed a complete application and meets the requirements of OAR 340, division 172 and these rules. (2) The copayment benefits will …

340-174-0060 Requirement of Financial Responsibility (1) The applicant shall provide proof of financial responsibility for cleanup of releases from the underground storage tank and any third party damages resulting from releases from the underground storage tank as required in OA…

340-174-0065 UST Insurance Requirements Letter A UST insurance requirements letter will be issued to the applicant upon completion of UST project work performed in accordance with OAR 340, divisions 122 and 150 or upon receiving financial assistance for UST project work completed…

340-174-0070 Insurance Copayment (1) In accordance with the insurance copayment certificate and these rules, the Department will pay a portion of the insurance cost to the UST insurer where: (a) Insurance copayment confirmation and insurance required letters have been issued to t…