Or. Admin. R. 340-150-0135

Current through Register Vol. 63, No. 8, August 1, 2024

Section 340-150-0135 - General Requirements for Owners and Permittees

(1) An owner and permittee must comply with the UST operator training requirements in OAR 340-150-0200 or 340-150-0210, as applicable.

(2) The property owner, UST owner and permittee must allow any DEQ employee or authorized representative of DEQ access to property where an UST is located at any reasonable time to interview persons, inspect equipment and site conditions, collect samples, take still or video pictures, conduct an investigation, or review and copy records.

(3) An owner and permittee of a petroleum UST system subject to this division must continuously comply with the financial responsibility requirements of OAR chapter 340, division 151.

(4) An owner and permittee must provide information regarding a UST system, UST facility or UST system operator to DEQ upon request.

(5) An owner and permittee must notify DEQ at least 30 days before: changing the contents of an UST from one regulated substance to another, (e.g., gasoline to diesel) including switching to a regulated substance containing greater than 10 percent ethanol, greater than 20 percent biodiesel, or any other regulated substance identified by DEQ.

(6) Owners and permittees must demonstrate compatibility of the UST system, including the tank, piping, containment sumps, pumping equipment, release detection equipment, spill equipment, and overfill equipment. Owners and permittees may demonstrate compatibility of the UST system by using one of the following options:

(a) Certification or listing of UST system equipment or components by a nationally recognized, independent testing laboratory for use with the regulated substance stored; or

(b) Equipment or component manufacturer approval. The manufacturer's approval must be in writing, indicate an affirmative statement of compatibility, specify the range of biofuel blends the equipment or component is compatible with, and be from the equipment or component manufacturer; or

(c) Use another option determined by DEQ to be no less protective of human health and the environment than the options listed in this section.

(7) An owner and permittee must notify DEQ for the following:

(a) A change in the name of the contact person for the permittee, if the permittee has not changed.

(b) A change in the mailing address or phone number of the property owner, tank owner or permittee.

(8) Upon receipt of any information submitted under section (5) of this rule, DEQ may issue a modified certificate. The $75 registration certificate modification fee is not applicable to the changes described in section (5) or (7) of this rule.

(9) An owner and permittee of a UST system subject to this division must also comply with the following release reporting, site investigation and corrective action requirements:

(a) OAR 340-122-0205 through 340-122-0360 for petroleum USTs.

(b) OAR 340-122-0010 through 340-122-0115 for USTs containing nonpetroleum regulated substances, except that any releases must be reported in accordance with the requirements of OAR chapter 340, division 142.

(10) In addition to any other requirements of this division, an owner and permittee must decommission any UST system that does not meet the requirements of this division.

(11) Under dispenser containment is required for each new, moved or modified dispenser. This section does not apply to repairs of a dispenser system. Such containment must:

(a) Be liquid tight on its sides, bottom, and at any penetrations;

(b) Be compatible with the substance conveyed by the piping; and

(c) Allow for visual inspection and access to the components in the containment system, be monitored or both.

(12) All new or replacement USTs and new connected piping, including new piping installed during a modification, must be secondarily contained and monitored using the interstitial monitoring release detection method specified in OAR 340-150-0465. Secondary containment systems must be designed, constructed and installed to contain regulated substances released from the UST system until they are detected and removed, and prevent the release of regulated substances to the environment any time during the operational life of the UST system. In the case of the replacement of an UST or modification of underground piping, secondary containment and interstitial monitoring are required only for that UST or piping. This section does not apply to UST system repairs as specified in OAR 340-150-0350.

(13) Any notification made to DEQ by an owner and permittee must be made in writing sent by U.S. mail, electronic mail, facsimile or verbally by telephone. To be effective, DEQ must receive notifications by the required due date, unless otherwise specified by rule.

Or. Admin. R. 340-150-0135

DEQ 6-2003, f. & cert. ef. 2-14-03; DEQ 3-2008, f. 2-29-08, cert. ef. 3-10-08; DEQ 188-2018, amend filed 05/14/2018, effective 6/1/2018

Statutory/Other Authority: ORS 466.706 - 466.835, 466.994 & 466.995

Statutes/Other Implemented: ORS 466.746, 466.765, 466.805 & 466.815