Or. Admin. Code § 837-020-0060 - Quantity of Purchase Criteria

(1) Except as provided below, each nonretail customer must purchase not less than 900 gallons of Class 1 flammable liquids or diesel fuel or any combination thereof every 12 months for business, government, nonprofit, special district, or charitable purposes.

(a) The 900 gallons of fuel may be purchased from any source.

(b) The twelve month period referenced in section (1) of this rule may be the twelve months previous to the date of the annual customer records audit or the previous calendar year.

(c) The minimum gallons purchased requirement does not apply until the nonretail customer has been a nonretail customer for 365 consecutive days from the date the customer enters into the signed agreement or from the date of their first fuel purchase.

(d) Conditional use customers are not subject to the minimum gallon purchase requirement.

(e) For the purpose of applying the 900 gallon minimum purchase requirement when a customer is acquired by one operator from another operator, that customer is not considered to be a new customer of the operator who acquired them.

(2) If the nonretail customer does not purchase 900 gallons from the owner or operator they have entered into a written agreement with, the nonretail customer must provide documentation to that owner or operator to demonstrate the minimum gallon requirement has been met. This documentation must be made readily available by the owner or operator for review by the State Fire Marshal.

(3) Nonretail customers that do not meet the requirements of ORS 480.345 and section (1) of this rule must have their access to nonretail dispensing of Class 1 flammable liquids revoked by the nonretail facility owner or operator.

(4) The nonretail customer's access to Class 1 flammable liquid must remain revoked until such time the nonretail customer can demonstrate they will meet the minimum gallon requirement.

(5) Nonretail customers who wish to dispense Class 1 flammable liquids at a nonretail facility are not required to meet the provisions of this section if:

(a) The nonretail customer annually provides documentation that the fuel qualifies as a deductible farming expense on the nonretail customer's Schedule F of their federal income tax return; or

(b) The fuel was purchased by a governmental agency providing fire, ambulance or police services; or

(c) The fuel was purchased by:

(A) A people's utility district organized under ORS chapter 261; or

(B) A domestic water supply district organized under ORS chapter 264;

(C) A mass transit district organized under ORS 264.010 to 267.390;

(D) A metropolitan service district organized under ORS chapter 268;

(E) A special road district organized under ORS 371.305 to 371.360;

(F) A 911 communications district organized under ORS 403.300 to 403.380;

(G) A sanitary district organized under ORS 450.005 to 450.245;

(H) A sanitary authority, water authority or joint water and sanitary authority organized under ORS 450.600 to 450.989;

(I) A rural fire protection district organized under ORS chapter 478;

(J) A water improvement district organized under ORS chapter 552;

(K) A water control district organized under ORS chapter 553; or

(L) A port organized under ORS chapter 777.

(d) The nonretail customer was a customer of a nonretail facility on and continuously since June 30, 1991, and meets all other requirements of OAR 837-020-0050.

(6) Nonretail customer applicants must certify under ORS 162.075 they will purchase the quantity of fuel required by OAR 837-020-0060 within 365 consecutive days from the date they enter into the signed agreement or from the date of their first fuel purchase.

Notes

Or. Admin. Code § 837-020-0060

FM 4-1991(Temp), f. 12-31-91, cert. ef. 1-1-92; FM 4-1992, f. 6-15-92, cert. ef. 7-15-92; OSFM 1-2002, f. & cert. ef. 2-25-02; OSFM 10-2002, f. & cert. ef. 12-6-02; OSFM 6-2005, f. 5-24-05, cert. ef. 5-26-05; OSFM 1-2007, f. 3-30-07, cert. ef. 4-1-07; OSFM 8-2018, amend filed 10/17/2018, effective 10/19/2018; OSFM 1-2021, amend filed 01/13/2021, effective 1/13/2021; OSFM 3-2021, amend filed 01/14/2021, effective 1/14/2021; OSFM 1-2023, amend filed 03/01/2023, effective 3/1/2023

Statutory/Other Authority: ORS 480.380

Statutes/Other Implemented: ORS 480.345 & 480.360