Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES
Section 340-012-0067 - Underground Storage Tank (UST) Classification of Violations
Universal Citation: OR Admin Rules 340-012-0067
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Class I:
(a) Failing to investigate or
confirm a suspected release;
(b)
Failing to establish or maintain the required financial responsibility
mechanism;
(c) Failing to obtain
the appropriate general permit registration certificate before installing or
operating an UST;
(d) Failing to
install spill and overfill protection equipment that will prevent a release, or
failing to demonstrate to DEQ that the equipment is properly functioning;
(e) Failing to install, operate or
maintain a method or combination of methods for release detection such that the
method can detect a release from any portion of the UST system;
(f) Failing to protect from corrosion any
part of an UST system that routinely contains a regulated substance;
(g) Failing to permanently decommission an
UST system;
(h) Failing to obtain
approval from DEQ before installing or operating vapor or groundwater
monitoring wells as part of a release detection method;
(i) Installing, repairing, replacing or
modifying an UST system in violation of any rule adopted by DEQ;
(j) Failing to conduct testing or monitoring,
or to keep records where the failure constitutes a significant operational
compliance violation;
(k)
Providing, offering or supervising tank services without the appropriate
license; or
(l) Failing to assess
the excavation zone of a decommissioned or abandoned UST when directed to do so
by DEQ.
(2) Class II:
(a) Continuing to use a method or
methods of release detection after period allowed by rule has expired;
(b) Failing to have a trained UST
system operator for an UST facility after March 1, 2004;
(c) Failing to apply for a modified general
permit registration certificate;
(d) Failing to have an operation certificate
for each compartment of a multi-chambered or multi-compartment UST when at
least one compartment or chamber has an operation certificate;
(e) Installing, repairing, replacing or
modifying an UST or UST equipment without providing the required notifications;
(f) Failing to decommission an UST
in compliance with the statutes and rules adopted by DEQ, including, but not
limited to, performance standards, procedures, notification, general permit
registration and site assessment requirements;
(g) Providing tank services at an UST
facility that does not have the appropriate general permit registration
certificate;
(h) Failing to obtain
the identification number and operation certificate number before depositing a
regulated substance into an UST, by a distributor;
(i) Failing, by a distributor, to maintain a
record of all USTs into which it deposited a regulated substance;
(j) Allowing tank services to be performed by
a person not licensed by DEQ;
(k)
Failing to submit checklists or reports for UST installation, modification or
suspected release confirmation activities;
(l) Failing to complete an integrity
assessment before adding corrosion protection;
(m) Failing by an owner or permittee to pass
the appropriate national examination before performing tank services; or
(n) Failing to provide the
identification number or operation certificate number to persons depositing a
regulated substance into an UST.
(3) Class III: Failing to notify the new owner or permittee of DEQ's general permit registration requirements, by a person who sells an UST.
Stat. Auth.: ORS 466.720, 466.746, 466.882, 466.994 & 468.020
Stats. Implemented: ORS 466.706 - 466.835, 466.994 & 468.090 - 468.140
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