Or. Admin. R. 340-177-0055 - Cleanup and Reporting Requirements
(1) Within 72 hours after a confirmed release
of petroleum from an underground heating oil tank is identified, the licensed
service provider or supervisor must report the release to the Department by
telephone or in writing, in accordance with OAR
340-163-0020(4).
The Department will assign a "site identification" or "log" number for each
release, which will serve as confirmation of reporting. If work on the tank is
being performed by the tank owner, the tank owner is responsible for the
required notification to the Department .
(2) The responsible person must take the
following initial abatement actions for any release which has or may result in
a sheen on surface water or groundwater, any below-ground release, any
above-ground release in excess of 25 gallons, or any above-ground release of
less than 25 gallons if the responsible person is unable to contain or clean up
the release within 24 hours:
(a) Take
immediate action to prevent any further release of heating oil into the
environment; and
(b) Identify and
mitigate any fire or safety hazards posed by vapors or free product .
(3) If groundwater is encountered
at any time during release identification or cleanup, or if any fire or safety
hazards are posed by vapors or free product that has migrated from the
excavation zone, the Department must be notified immediately. The Department
may require that additional investigation or cleanup be conducted before
proceeding further with the requirements of OAR
340-177-0055(3)
and (4). Any free product observed must be
removed in accordance with the requirements of
340-122-0235;
(4) The following actions must be taken for
each release :
(a) Remove as much of the
product as possible from the heating oil tank to prevent further release to the
environment;
(b) Conduct a visual
inspection of any above-ground release (s) or exposed below-ground release (s)
and take actions necessary to prevent any further migration of the heating oil
into surrounding soils and groundwater;
(c) Remedy any hazards posed by contaminated
soils that are excavated or exposed as a result of release confirmation, site
investigation , abatement, or cleanup. If cleanup includes treatment or disposal
of contaminated soils, the responsible person and service provider must comply
with all applicable state and local requirements. Stock-piled contaminated soil
must be placed on an impermeable material (e.g. visqueen) and covered and
bermed to prevent run-off. Storage of contaminated soil longer than 30 days
requires a solid waste letter of authorization permit from the Department and
may be prohibited by local jurisdictions; and
(d) Measure for the presence of a release
where contamination is most likely to be found at the residential heating oil
tank site. In selecting sample types, sample locations, and measurement
methods, the responsible person or service provider must consider the nature of
the stored substance, the type of back-fill material that is present, depth to
groundwater, and other factors as appropriate for identifying the presence and
source of the release.
(5) Within forty-five days after the date a
release from a heating oil tank is reported to the Department , the responsible
person or service provider must submit a written initial cleanup report to the
Department , if groundwater is encountered at any time during cleanup or during
tank investigation, if any fire or safety hazards posed by vapors or free
product have not yet been eliminated, or if cleanup at the site is not expected
to begin until after forty-five days from the date the release is reported.
(a) The written report may be a narrative
report or on a form provided by the Department , that adequately describes any
and all actions taken in accordance with section (3) of this rule;
(b) The amount in gallons of heating oil
removed and the name of the disposal or reuse location must be included in the
report; and
(c) If cleanup has not
been initiated within the first forty-five days after the release is
discovered, a proposed schedule for cleanup of the release must be included in
the report.
(6) Within
sixty days of completing cleanup at a heating oil tank release site or within
another longer period of time approved by the Department , the responsible
person or service provider must submit to the Department , as a narrative report
or on a form provided by the Department , a final cleanup report, which
includes, as a minimum, the following information:
(a) A narrative section describing how the
release was discovered, what initial measures were taken to control the spread
of contamination, what was observed when the tank was removed from the pit
(odor, sheen, stained soils, holes in tank or lines, etc.), how the cleanup was
done, how much contaminated soil was removed, what was done with the
contaminated soil and the decommissioned tank and piping, who collected the
samples, how the samples were collected, stored, and shipped to the laboratory,
and any problems encountered during the cleanup or sample collection
process;
(b) A description of all
actions taken under OAR
340-177-0055(3),
as a narrative report or on a form provided by the Department ;
(c) A site map, drawn approximately to scale,
showing the location of all buildings on the property and on adjacent
properties, and location of the heating oil tank;
(d) A sketch of the site that clearly shows
all of the sample locations and depths and identifies each location with a
unique sample identification code;
(e) Copies of chain-of-custody forms for all
soil and water samples collected, which forms include, but are not limited to:
the date, time and location of the sample collection; a unique sample
identification number; the name of the person collecting the sample; and any
unusual or unexpected problems encountered during the sample collection which
may have affected the sample integrity;
(f) Copies of all laboratory data
reports;
(g) Copies of all receipts
or permits related to the disposal of free product , contaminated soil,
contaminated water, or decommissioned tanks and piping;
(h) A summary of the concentrations measured
in the final round of samples from each sampling location;
(i) In cases where groundwater was present in
the tank excavation zone , a summary of the data collected;
(j) The type of cleanup option selected and
implemented under OAR
340-177-0065(1);
and
(k) Any other relevant
information that adds clarity to the specifics of the individual cleanup
project, such as photographs taken during tank cleaning, removal, and sample
collection activities.
(6) All written reports and correspondence
required to be submitted to the Department must include the following
information:
(a) Name of property owner and
address of property;
(b) Site
identification or log number assigned to the property by the
Department ;
(c) Name of the service
provider working on the project, including license number and expiration date;
and
(d) Name and signature of the
person preparing the report.
Notes
Stat. Auth.: ORS 465.200 - ORS 465.400
Stats. Implemented: ORS 465.260
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