Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES
Section 340-012-0072 - Used Oil Management Classification of Violations
Universal Citation: OR Admin Rules 340-012-0072
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Class I:
(a) Using used oil as a dust suppressant,
pesticide, or otherwise spreading used oil directly in the
environment;
(b) Burning a used oil
mixture where the used oil mixture has less than 5,000 Btu/pound;
(c) Offering for sale used oil as
specification used oil fuel when the used oil does not meet used oil fuel
specifications;
(d) Selling
off-specification used oil fuel to a facility not meeting the definition of an
industrial boiler or furnace;
(e)
Burning off-specification used oil in a device that does not meet the
definition of an industrial boiler or furnace and is not otherwise
exempt;
(f) Failing to make an
on-specification used oil fuel determination when required, by a used oil
generator, transporter, burner or processor;
(g) Storing or managing used oil in a surface
impoundment;
(h) Failing to
determine whether used oil exceeds the permissible halogen content, by a used
oil transporter, burner or processor;
(i) Failing to perform required closure on a
used oil tank or container, by a used oil processor or re-refiner;
(j) Failing to maintain required secondary
containment at a used oil transfer facility or by a processor, burner, or
marketer of used oil; or
(k)
Failing to immediately clean up spills or releases or threatened spills or
releases of used oil, by any person having ownership or control over the used
oil.
(2) Class II:
(a) Failing to obtain a one-time written
notification from a burner before shipping off-specification used oil fuel, by
a used oil generator, transporter, processor or re-refiner;
(b) Failing to develop, follow and maintain
records of a written waste analysis plan, by a used oil processor;
(c) Failing to close or cover a used oil tank
or container;
(d) Failing to timely
submit annual used oil handling reports, by a used oil processor;
(e) Failing to label each container or tank
used for the accumulation or storage of used oil on site, unless otherwise
classified;
(f) Failing to keep a
written operating record at the facility, by a used oil processor;
(g) Failing to prepare and maintain an
up-to-date preparedness and prevention plan, by a used oil processor;
or
(h) Transporting, processing,
re-refining, burning or marketing used oil without first obtaining an EPA ID
number.
(3) Class III:
(a) Failing to label one container or tank in
which used oil was accumulated on site, if five or more tanks or containers are
present;
(b) Failing to label up to
two containers used for the accumulation or storage of used oil on site;
or
(c) Failing to label a tank
having less than 100 gallon capacity when used for the accumulation or storage
of used oil on site.
Publications referenced are available from the agency.
Statutory/Other Authority: ORS 459.995, 468.020, 459A.590, 459A.595 & 468.996
Statutes/Other Implemented: ORS 459A.580 - 459A.585, 459A.590 & 468.090 - 468.140
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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