Or. Admin. Code § 340-012-0079 - Heating Oil Tank (HOT) Classification of Violations

(1) Class I:

(a) Failing to report a release from an HOT as required by OAR 340-163-0020(4) when the failure is discovered by DEQ;

(b) Failing to initiate and complete the investigation or cleanup of a release from an HOT;

(c) Failing to initiate and complete free product removal;

(d) Failing to certify that heating oil tank services were conducted in compliance with all applicable regulations, by a service provider;

(e) Failing, by a responsible party or service provider, to conduct corrective action after DEQ rejects a certified report; or

(f) Providing or supervising HOT services without first obtaining the appropriate license.

(2) Class II:

(a) Failing to submit a corrective action plan;

(b) Failing to properly decommission an HOT;

(c) Failing to hold and continuously maintain insurance as required by OAR 340-163-0050;

(d) Failing to have a supervisor present when performing HOT services;

(e) Failing to timely report a release from an HOT as required by 340-163-0020(4) when the failure is reported to DEQ by the responsible person or the service provider; or

(f) Offering to provide heating oil tank services without first obtaining the appropriate service provider license.

Notes

Or. Admin. Code § 340-012-0079

DEQ 4-2005, f. 5-13-05, cert. ef. 6-1-05; DEQ 4-2006, f. 3-29-06, cert. ef. 3-31-06; DEQ 1-2014, f. & cert. ef. 1-6-14

Stat. Auth.: ORS 466.746, 466.858 - 466.994 & 468.020

Stats. Implemented: ORS 466.706, 466.858 - 466.882, 466.994 & 468.090 - 468.140