Current through Register Vol. 63, No. 3, March 1, 2024
(1)
Except as provided below, each nonretail customer must purchase not less than
900 gallons of Class 1 flammable liquids or diesel fuel or any combination
thereof every 12 months for business, government, nonprofit, special district,
or charitable purposes.
(a) The 900 gallons of
fuel may be purchased from any source.
(b) The twelve month period referenced in
section (1) of this rule may be the twelve months previous to the date of the
annual customer records audit or the previous calendar year.
(c) The minimum gallons purchased requirement
does not apply until the nonretail customer has been a nonretail customer for
365 consecutive days from the date the customer enters into the signed
agreement or from the date of their first fuel purchase.
(d) Conditional use customers are not subject
to the minimum gallon purchase requirement.
(e) For the purpose of applying the 900
gallon minimum purchase requirement when a customer is acquired by one operator
from another operator, that customer is not considered to be a new customer of
the operator who acquired them.
(2) If the nonretail customer does not
purchase 900 gallons from the owner or operator they have entered into a
written agreement with, the nonretail customer must provide documentation to
that owner or operator to demonstrate the minimum gallon requirement has been
met. This documentation must be made readily available by the owner or operator
for review by the State Fire Marshal.
(3) Nonretail customers that do not meet the
requirements of ORS 480.345 and section (1) of this
rule must have their access to nonretail dispensing of Class 1 flammable
liquids revoked by the nonretail facility owner or operator.
(4) The nonretail customer's access to Class
1 flammable liquid must remain revoked until such time the nonretail customer
can demonstrate they will meet the minimum gallon requirement.
(5) Nonretail customers who wish to dispense
Class 1 flammable liquids at a nonretail facility are not required to meet the
provisions of this section if:
(a) The
nonretail customer annually provides documentation that the fuel qualifies as a
deductible farming expense on the nonretail customer's Schedule F of their
federal income tax return; or
(b)
The fuel was purchased by a governmental agency providing fire, ambulance or
police services; or
(c) The fuel
was purchased by:
(A) A people's utility
district organized under ORS chapter 261; or
(B) A domestic water supply district
organized under ORS chapter 264;
(C) A mass transit district organized under
ORS 264.010 to
267.390;
(D) A metropolitan service district organized
under ORS chapter 268;
(E) A
special road district organized under ORS
371.305 to
371.360;
(F) A 911 communications district organized
under ORS 403.300 to
403.380;
(G) A sanitary district organized under ORS
450.005 to
450.245;
(H) A sanitary authority, water authority or
joint water and sanitary authority organized under ORS
450.600 to
450.989;
(I) A rural fire protection district
organized under ORS chapter 478;
(J) A water improvement district organized
under ORS chapter 552;
(K) A water
control district organized under ORS chapter 553; or
(L) A port organized under ORS chapter
777.
(d) The nonretail
customer was a customer of a nonretail facility on and continuously since June
30, 1991, and meets all other requirements of OAR 837-020-0050.
(6) Nonretail customer applicants
must certify under ORS
162.075 they will purchase the
quantity of fuel required by OAR 837-020-0060 within 365 consecutive days from
the date they enter into the signed agreement or from the date of their first
fuel purchase.
Statutory/Other Authority: ORS
480.380
Statutes/Other Implemented: ORS
480.345 &
480.360
