Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES
Section 340-012-0081 - Oil and Hazardous Material Spill and Release Classification of Violations
Universal Citation: OR Admin Rules 340-012-0081
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Class I:
(a) Failing to
immediately clean up spills or releases or threatened spills or releases of oil
or hazardous materials, by any person having ownership or control over the oil
or hazardous materials;
(b)
Failing to immediately notify the Oregon Emergency Response System (OERS) of
the type, quantity and location of a spill of oil or hazardous material; and
corrective and cleanup actions taken and proposed to be taken if the amount of
oil or hazardous material released exceeds the reportable quantity or will
exceed the reportable quantity within 24 hours;
(c) Spilling or releasing any oil or
hazardous materials which enters waters of the state;
(d) Failing to activate alarms, warn people
in the immediate area, contain the oil or hazardous material or notify
appropriate local emergency personnel;
(e) Failing to immediately implement a
required plan; or
(f) Failing to
take immediate preventative, repair, corrective, or containment action in the
event of a threatened spill or release.
(2) Class II:
(a) Failing to submit a complete and detailed
written report to DEQ of a spill of oil or hazardous material;
(b) Failing to use the required sampling
procedures and analytical testing protocols for oil and hazardous materials
spills or releases;
(c) Failing to
coordinate with DEQ during the emergency response to a spill after being
notified of DEQ's jurisdiction;
(d) Failing to immediately report spills or
releases within containment areas when reportable quantities are exceeded and
exemptions are not met under OAR
340-142-0040;
(e) Failing to immediately manage
any spill or release of oil or hazardous materials consistent with the National
Incident Management System (NIMS);
(f) Improperly or without approval of DEQ,
treating, diluting or disposing of spill, or spill-related waters or wastes; or
(g) Using chemicals to disperse,
coagulate or otherwise treat a spill or release of oil or hazardous materials
without prior DEQ approval.
(3) Class III:
(a) Failing to provide maintenance and
inspections records of the storage and transfer facilities to DEQ upon request;
or
(b) Failing, by a vessel owner
or operator, to make maintenance and inspection records, and oil transfer
procedures available to DEQ upon request.
Stat. Auth.: ORS 466.625 & 468.020
Stats. Implemented: ORS 466.635 - 466.680, 466.992 & 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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