Oregon Administrative Rules
Chapter 340 - DEPARTMENT OF ENVIRONMENTAL QUALITY
Division 12 - ENFORCEMENT PROCEDURE AND CIVIL PENALTIES
Section 340-012-0082 - Contingency Planning Classification of Violations
Universal Citation: OR Admin Rules 340-012-0082
Current through Register Vol. 63, No. 3, March 1, 2024
(1) Class I:
(a) Failing to immediately implement the oil
spill prevention and emergency response contingency plan or other applicable
contingency plan, after discovering a spill;
(b) Operating an onshore or offshore facility
without an approved or conditionally approved oil spill prevention and
emergency response contingency plan;
(c) Entering into the waters of the state, by
a covered vessel without an approved or conditionally approved oil spill
prevention and emergency response contingency plan or purchased coverage under
an umbrella oil spill prevention and emergency response contingency plan;
(d) Failing to implement
prevention measures identified in the facility or covered vessel spill
prevention plan that directly results in a spill;
(e) Failing to maintain equipment, personnel
and training at levels described in an approved or conditionally approved oil
spill prevention and emergency response contingency plan;
(f) Failing to establish and maintain
financial assurance as required by statute, rule or order; or
(g) Failing by the owner or operator of an
oil terminal facility, or covered vessel, to take all appropriate measures to
prevent spills or overfilling during transfer of petroleum or hazardous
material products.
(2) Class II:
(a) Failing to submit
an oil spill prevention and emergency response contingency plan to DEQ at least
90 calendar days before beginning operations in Oregon, by any onshore or
offshore facility or covered vessel;
(b) Failing to have available on site, a
simplified field document summarizing key notification and action elements of a
required vessel or facility contingency plan;
(c) Failing, by a plan holder, to submit and
implement required changes to a required vessel or facility contingency plan
following conditional approval;
(d) Failing, by a covered vessel or facility
contingency plan holder, to submit the required vessel or facility contingency
plan for re-approval at least ninety (90) days before the expiration date of
the required vessel or facility contingency plan;
(e) Failing to submit spill prevention
strategies as required; or
(f)
Failing to obtain DEQ approval of the management or disposal of spilled oil or
hazardous materials, or materials contaminated with oil or hazardous material,
that are generated during spill response.
(3) Class III:
(a) Failing to provide maintenance and
inspections records of the storage and transfer facilities to DEQ upon request;
(b) Failing, by a vessel owner or
operator, to make maintenance and inspection records and oil transfer
procedures available to DEQ upon request;
(c) Failing to have at least one copy of the
required vessel or facility contingency plan in a central location accessible
at any time by the incident commander or spill response manager;
(d) Failing to have the covered vessel field
document available to all appropriate personnel in a conspicuous and accessible
location;
(e) Failing to notify
DEQ within 24 hours of any significant changes that could affect implementation
of a required vessel or facility contingency plan; or
(f) Failing to distribute amended page(s) of
the plan changes to DEQ within thirty (30) calendar days of the amendment.
Stat. Auth.: ORS 468B.350
Stats. Implemented: ORS 468B.345
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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