Or. Admin. R. 340-151-0025 - Oregon-Specific Financial Responsibility Requirements

[NOTE: The following rules incorporate and modify 40 C.F.R. §§ 280.90 through 280.115 (Oct. 15, 2015.) When reading this rule, note that different text styles are used to distinguish the different types of changes made. Where federal rule language is adopted and quoted, it is double indented and italicized.. New language that has been added to existing federal requirements is in bold font. Existing federal language that is deleted is noted by [bracketed] formatting.]

(1) The term "owner and permittee" is substituted in lieu of the term "owner or operator" as that term is used throughout 40 C.F.R. Part 280, Subpart H (Oct. 13, 2015).
(2) The following terms are in addition to the definitions in 40 CFR § 280.92:
(a) "Owner" means a person who currently owns an UST or owned an UST during the tank's operational life, including:
(A) In the case of an UST system in use on November 8, 1984, or brought into use after that date, any person who owns an UST system used for storage, use or dispensing of regulated substances; and
(B) In the case of an UST system in use before November 8, 1984, but no longer in use on that date, any person who owned such UST immediately before the discontinuation of its use.
(b) "Permittee" means the owner or person designated by the owner, who is in control of or has responsibility for daily UST system operation and maintenance, financial responsibility and UST operator training requirements under a general permit pursuant to OAR 340-150-0160 through 340-150-0168.
(3) The following requirement is in addition to 40 CFR § 280.97(a)-(c) (Oct. 13, 2015): Each insurance policy or cover page must include the UST facility identification number issued by the department for each UST facility at which petroleum USTs are located.
(4) 40 CFR. § 280.108(b)(Oct. 13, 2015) is modified as follows:
(b) [After obtaining alternate financial assurance as specified in this subpart, an owner or operator may cancel a financial assurance mechanism by providing notice to the provider of financial assurance.] Within 30 days after a substitution is made, the owner and permittee must:
(1) Provide notice of cancellation of the previous financial assurance mechanism to DEQ and the former provider of financial assurance; and
(2) Provide a copy of the new financial responsibility mechanism to DEQ that demonstrates full compliance with the requirements of this division.
(5) The first sentence of 40 C.F.R. § 280.109(a) (Oct. 13, 2015) is modified as follows:
(a) Except as otherwise provided, a provider of financial assurance may cancel or fail to renew an assurance mechanism by sending a notice of termination by certified mail to the owner or operator, with a copy provided to the DEQ by first class mail delivery.
(6) 40 C.F.R. § 280.110(a)(1) (Oct. 13, 2015) is modified as follows:
(1) Within 30 days after the owner or operator identifies a release from an underground storage tank required to be reported under [§280.53 or §280.61] OAR 340-122-0205 through 340-122-0360.
(7) The following requirements are in addition to 40 CFR § 280.110(a)(1)-(a)(3) (Oct. 13, 2015):
(a) (4) With an application to modify an UST general permit registration certificate as required by OAR 340-150-0052 for a change in owner or permittee; and
(b) (5) Within 30 days after a new financial responsibility mechanism is obtained that replaces or substitutes for a previous mechanism as required by 40 CFR § 280.108 (Oct. 13, 2015).
(8) 40 C.F.R. § 280.110(a)-(c) (Oct. 13, 2015) is modified by adding the following language: An owner and permittee or provider of financial assurance on their behalf, must notify DEQ by 15 calendar days after the end of the previous month in which any of the following changes to a liability insurance policy (as amended by endorsement or certificate of insurance) occur as a result of actions by the owner, permittee or insurer:
(a) Cancellation;
(b) Failure to renew; or
(c) Issuance of a new or modified insurance policy.


Or. Admin. R. 340-151-0025
DEQ 6-2003, f. & cert. ef. 2-14-03; DEQ 188-2018, amend filed 05/14/2018, effective 6/1/2018

Statutory/Other Authority: ORS 466.746 & 466.815

Statutes/Other Implemented: ORS 466.815

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