Or. Admin. R. 340-150-0167 - General Permit Requirements for Temporary Closure of an UST System

(1) At least 30 days before beginning temporary closure, the permittee must submit an application for a temporary closure general permit to DEQ. DEQ may allow a shorter notice period on a case-by-case basis.

(2) At least 30 days before the expiration date on a temporary closure certificate, the permittee must submit one of the following to DEQ:

(a) An application for a change-in-service or permanent closure general permit (340-150-0168);

(b) A written request to return the UST system to operational status; or

(c) A written request to extend the expiration date of the temporary closure certificate.

(3) The extension of a temporary closure certificate will only be issued by DEQ if all USTs identified under the initial temporary closure certificate are empty of all regulated substances and a site assessment (OAR 340-150-0180) has been conducted to determine if a release has occurred. In lieu of a site assessment, DEQ may accept other documentation that indicates no release has occurred.

(a) If DEQ approves the request for extension, the expiration date will be extended to a date determined by DEQ and a revised temporary closure certificate will be issued to the permittee. DEQ will not issue a temporary closure certificate lasting longer than 10 years.

(b) If DEQ denies the request for extension, the permittee must decommission the UST system by the date established by DEQ. DEQ will notify the permittee of the denial in writing and include the reasons the request was denied.

(4) If the permittee has changed since DEQ received the application for a temporary closure certificate under OAR 340-150-0167(1), the new permittee must submit an application to modify the general permit registration certificate as required by OAR 340-150-0052 and an application for a temporary closure general permit within 30 days of a change in ownership.

(5) To maintain compliance with the general permit temporary closure certificate, the permittee must cap and secure all lines, pumps, access-ways and ancillary equipment, except the vent lines, if the UST system is temporarily closed for three months or more.

(6) Except as provided by OAR 340-150-0156, all UST services must be performed under the supervision of a person licensed as a DEQ UST services supervisor who is working for a company licensed as a DEQ UST services service provider under OAR chapter 340, division 160.

(7) If the UST is empty of all regulated substances, the permittee must comply with the requirements of section (5) of this rule. Documentation showing that the tank was emptied and that the removed regulated substance and sludge was recycled or disposed of in accordance with state, federal and local regulations must be submitted to DEQ with the notice provided under OAR 340-150-0167(1) or (2), or within 30 days after the tank has been emptied.

(8) If the UST is not empty, the permittee must comply with the requirements of section (5) of this rule and perform release detection for USTs and underground piping, including monitoring, testing and record keeping as required by OAR 340-150-0137 and 340-150-0400 through 340-150-0470.

(9) If the UST or underground piping are metal, the permittee must operate, test and maintain equipment and keep records for corrosion protection in accordance with OAR 340-150-0320 and 340-150-0325.

(10) If the UST is lined, the permittee must periodically inspect the lining in accordance with OAR 340-150-0360.

(11) As long as the UST remains in temporary closure, the permittee must pay all annual compliance fees when due and any applicable late fees.

Notes

Or. Admin. R. 340-150-0167

DEQ 6-2003, f. & cert. ef. 2-14-03; DEQ 3-2008, f. 2-29-08, cert. ef. 3-10-08; DEQ 188-2018, amend filed 05/14/2018, effective 6/1/2018

Statutory/Other Authority: ORS 465.200-455 & 466.706-835, 466.994 & 466.995

Statutes/Other Implemented: 466.810, 466.815, ORS 465.205, 465.400, 466.706, 466.740, 466.746, 466.750, 466.760, 466.765, 466.770, 466.775, 466.783, 466.785 & 466.805