Or. Admin. Code § 837-020-0070

Current through Register Vol. 63, No. 12, December 1, 2024

Section 837-020-0070 - Written Agreements

(1) The owner or operator must enter into a written agreement with nonretail customers and conditional use customers permitted under OAR 837-020-0050 to dispense Class 1 flammable liquids at the nonretail facility and conditional nonretail facility. Except as otherwise provided in ORS 480.355, the agreement must at a minimum:

(a) Certify that the nonretail customer will purchase at least 900 gallons of Class 1 flammable liquids, including diesel fuel, from any source during a 12-month period, or if the amount of Class 1 flammable, including diesel fuel, purchased is less than 900 gallons annually, file documentation that:

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

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

(C) 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.

(b) Provide a verifiable Federal Employer Identification Number (FEIN) or equivalent documentation to indicate participation in a business or employment with a government agency or nonprofit or charitable organization;

(c) Certify that the nonretail customer is employed by a business, government agency or nonprofit or charitable organization and that the nonretail customer will dispense Class 1 flammable liquids only into the fuel tank of a motor vehicle or container owned or used by the business, government agency or nonprofit or charitable organization;

(d) That all Class 1 flammable liquids dispensed at nonretail facilities will be for business use only, and that the nonretail customer is subject to a penalty if fueling a motor vehicle or container for personal use; and

(e) Certify that the nonretail customer or conditional use customer has satisfied safety training requirements in compliance with rules of the State Fire Marshal; and

(f) Require the nonretail customer or conditional use customer to submit a sworn statement, as defined in ORS 162.055, that the information supplied in the agreement is true and correct.

(2) The requirements of subsections (1)(a), (b), (c), and (d) of this rule to not apply to conditional use customer agreements.

Or. Admin. Code § 837-020-0070

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 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

Statutory/Other Authority: ORS 480.380

Statutes/Other Implemented: ORS 480.345 & 480.355