Or. Admin. R. 340-163-0020 - General Provisions

Current through Register Vol. 60, No. 12, December 1, 2021

(1) Effective March 15, 2000, no firm may perform or offer to perform heating oil tank services without first having obtained a heating oil tank service provider license from the Department. Such services include, but are not limited to, site assessments on active or inactive heating oil tanks, decommissioning and cleanup.
(2) Any service provider licensed by the Department under the provisions of these rules must comply with the appropriate provisions of:
(a) OAR Chapter 340, Division 163;
(b) OAR 340-122-0205 through 340-122-0365;
(c) OAR Chapter 340, Division 177; and
(d) Any other federal, state, or local regulations applicable to underground heating oil tanks.
(3) A service provider must:
(a) Certify that heating oil tank services have been conducted in compliance with all applicable regulations in accordance with OAR 340-163-0060;
(b) Hold and continuously maintain a valid certificate of registration with the Oregon Construction Contractors Board as required by their regulations;
(c) Hold and continuously maintain insurance in accordance with OAR 340-163-0050;
(d) Provide proof of current license upon request by Department staff or the tank owner at all times a service provider is performing heating oil tank services at a tank site; and
(e) Maintain a current address on file with the Department. Mail sent to the service provider that is returned to the Department by the U.S. Postal Service as undeliverable may be considered a failure to comply.
(4) A service provider or supervisor must report a confirmed release of petroleum from an underground heating oil tank to the Department within 72-hours of discovery. This report may be made by telephone or in writing (e.g. facsimile) on a form provided by the Department. The Department will assign a "site identification" or "log" number for each release, which will serve as confirmation of reporting.
(5) In the event a service provider no longer employs a supervisor, the service provider must stop work on any heating oil project until a supervisor is again employed by the service provider.
(6) Effective March 15, 2000, a licensed heating oil tank supervisor must be present at a tank site when the following tasks are performed:
(a) During all excavations made after a leak is suspected or has been confirmed;
(b) After a tank has been cleaned: when examined for holes and leaks and is filled with an inert material, or when the tank is physically removed from the ground;
(c) When all soil or water samples are collected and packed for shipping to the analytical testing laboratory;
(d) When any soil borings, back-hoe pits or other excavations are made for the purpose of investigating the extent of contamination; or
(e) When any free product or groundwater is removed from an open excavation or disposed.
(7) Licensed supervisors must maintain a current address with the Department at all times during the license period. Mail sent to the individual that is returned to the Department by the U.S. Postal Service as undeliverable may be considered a failure to comply.
(8) Licensed supervisors must provide proof of current licensing upon request by Department staff or by the tank owner.

Notes

Or. Admin. R. 340-163-0020
DEQ 28-1990, f. & cert. ef. 7-6-90; DEQ 3-2000, f. & cert. ef. 2-17-00

Stat. Auth.: ORS 466.706 - ORS 466.895 & ORS 466.995

Stats. Implemented: ORS 466.706 & ORS 466.750

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