Or. Admin. R. 340-177-0005 - Definitions
As used in this Division, the following definitions apply:
(1) "Above-Ground Release '
means any release to the land surface or to surface water from the above-ground
portion of a residential heating oil tank system and releases associated with
overfills and transfer operations during heating oil deliveries to or
dispensing from a residential heating oil tank system.
(2) "Below-Ground Release ' means any release
to the land subsurface having concentrations detected by the Northwest Total
Petroleum Hydrocarbon Identification Analytical Method (NWTPH-HCID, DEQ ,
December 1996), or analytical results of 50 mg/kg or greater for Diesel/Lube
Oil Range Hydrocarbons by Method NWTPH-Dx (DEQ , December, 1996), or any release
to groundwater having concentrations detected by any appropriate analytical
method specified in OAR 340-122-0218. This includes but is not limited to
releases from the below-ground portion of a residential heating oil tank and
releases to the land subsurface or groundwater associated with overfills and
transfer operations as the heating oil is delivered to or dispensed from a
residential heating oil tank system.
(3) "Confirmed Release ' means petroleum
contamination observed in soil or groundwater as a sheen, stain, or petroleum
odor, or petroleum contamination detected in soil by the Northwest Total
Petroleum Hydrocarbon Identification Analytical Method (NWTPH-HCID, DEQ ,
December 1996), or analytical results of 50 mg/kg or greater for Diesel/Lube
Oil Range Hydrocarbons by Method NWTPH-Dx (DEQ , December, 1996), or detected in
groundwater having concentrations detected by any appropriate analytical method
specified in OAR 340-122-0218.
(4)
"Corrective Action ' has the same meaning as given in ORS
466.706.
(5) "Decommissioning ' means to remove an
underground storage tank from operation by an approved method specified in OAR
340-177-0025, such as abandonment in place (e.g. cleaning and filling with an
inert material) or by removal from the ground.
(6) "Department ' means the Oregon Department
of Environmental Quality.
(7)
"Excavation Zone ' means an area containing a heating oil tank system and
backfill material bounded by the ground surface, walls, and floor of the pit
and trenches into which the heating oil tank system is placed at the time of
installation.
(8) "Free Product '
means petroleum in the non-aqueous phase (e.g., liquid not dissolved in
water).
(9) "Groundwater ' means any
water, except capillary moisture, beneath the land surface or beneath the bed
of any stream, lake, reservoir, or other body of surface water within the
boundaries of the state, whatever may be the geological formation or structure
in which such water stands, flows, percolates or otherwise moves.
(10) "Heating Oil ' means petroleum that is
No. 1, No. 2, No. 4-Heavy, No. 5-Light, No. 5-Heavy, or No. 6-Technical grades
of fuel oil; other residual fuel oils (including Navy Special Fuel Oil and
Bunker C); or other fuels when used as substitutes for one of these fuel
oils.
(11) "Heating Oil Tank' means
any one or combination of underground tanks and above-ground or underground
pipes connected to the tank, which is used to contain heating oil used for
space heating a building with human habitation, or water heating not used for
commercial processing.
(12)
"Heating Oil Tank Services ' means the decommissioning of a heating oil tank or
the performance of corrective action necessary as a result of a release of oil
from an underground heating oil tank.
(13) "Petroleum ' means gasoline, crude oil,
fuel oil, diesel oil, lubricating oil, oil sludge, oil refuse, and crude oil
fractions and refined petroleum fractions, including gasoline, kerosene,
heating oils, diesel fuels, and any other petroleum -related product or waste or
fraction thereof that is liquid at a temperature of 60 degrees Fahrenheit and a
pressure of 14.7 pounds per square inch absolute. "Petroleum ' does not include
any substance identified as a hazardous waste under 40 CFR Part 261.
(14) "Remediation' or "Remedial Measures'
means "Remedial Action' as defined in ORS
465.200(22)
and "Removal' as defined by ORS
465.200(24),
and is used synonymously with the term "cleanup' in this Division.
(15) "Responsible Person ' means "owner or
operator' as defined in ORS
465.200(19)
and any other person liable for or voluntarily undertaking remediation under
465.200, and is used synonymously with the term "tank owner' in this
Division.
(16) "Service Provider '
is a firm licensed to offer and perform heating oil tank services on
underground heating oil tanks in Oregon.
(17) "Supervisor ' means a licensed individual
who is charged with the responsibility for directing and overseeing the
performance of heating oil tank services at a tank site.
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Notes
To view tables referenced in rule text, click here to view rule.
Statutory/Other Authority: ORS 465.200-420, 466.706 & 466.850-870
Statutes/Other Implemented: ORS 465.200, 465.400, 466.706, 466.855 & 466.870
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