Or. Admin. Code § 340-172-0120 - Enforcement

(1) Where a person who is the tank owner, property owner or permittee has submitted a financial assistance application or has filed a signed Letter of Intent or Consent Agreement (Appendix 3), in accordance with these rules, the facility shall not be subject to enforcement action of the technical or financial responsibility requirements of OAR Chapter 340, Division 150 on the UST facility if the person has made a good faith effort to either secure a confirmation letter for UST project work by December 31, 1996 or permanently close the UST facility on or before December 31, 1996 except for:

(a) UST permit requirements, including permit fees;

(b) Corrective action requirements in the event of an imminent hazard, as defined in OAR 340-172-0010(17);

(c) Permanent decommissioning requirements where the applicant permanently decommissions a UST at the UST facility;

(d) Leak detection requirements. The person signing the Consent Agreement must provide monthly inventory records to the Department, on a form provided by the Department when requested by the Department, for each UST using manual inventory or daily inventory with monthly reconciliation as the sole method of leak detection; and

(e) The requirements of the signed Consent Agreement.

(2) The Consent Agreement will be in force through December 31, 1996 or 60 days after the UST project work is complete, whichever comes first.

(3) The person signing the consent agreement must:

(a) Report all suspected releases to the Department of Environmental Quality within 24 hours and investigate all suspected releases;

(b) Report all confirmed releases to the Department of Environmental Quality within 24 hours;

(c) Upon confirmation of a release take immediate action to prevent any further release of motor fuel into the environment;

(d) Determine whether an imminent hazard exists through adequate investigation and testing; and

(e) Take appropriate corrective action in accordance with OAR Chapter 340, Divisions 122 and 150 in the event of an imminent hazard as defined in OAR 340-172-0010(17).

Notes

Or. Admin. Code § 340-172-0120

DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91; DEQ 14-1992, f. & cert. ef. 6-11-92; DEQ 8-1994, f. & cert. ef. 3-22-94

The Appendix referred to or incorporated by reference in this rule is available from the agency.

Stat. Auth.: OL 1993, Ch. 661

Stats. Implemented: OL 1991, Ch. 863