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The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
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DEPARTMENT OF ENVIRONMENTAL QUALITY

 

DIVISION 151

FINANCIAL RESPONSIBILITY FOR USTS

340-151-0001

Purpose

The purpose of these rules is to protect public health, safety, welfare and the environment from the potential harmful effects of spills and releases of petroleum from USTs by requiring UST owners and permittees to maintain sufficient financial resources in the event that corrective action or compensation for bodily injury or property damage is required.

Stat. Auth.: ORS 466.746 & ORS 466.815
Stats. Implemented: ORS 466.815
Hist.: DEQ 6-2003, f. & cert. ef. 2-14-03

340-151-0010

Scope and Applicability

(1) Except as provided in section (2), an owner and permittee of a petroleum UST system that meets the requirements of OAR 340-150-0006 and that is not exempted or deferred by 340-150-0008, must comply with this division.

(2) State and federal government entities the debts and liabilities if which are the debts and liabilities of a state or the United States are exempt from the requirements of this division.

(3) If the owner and permittee of a petroleum UST are separate persons, only one of them is required to demonstrate financial responsibility. Both are, however, jointly liable in the event of noncompliance. Regardless of which person complies, the date set for compliance at a particular UST facility is determined by the characteristics of the owner as set forth in 40 CFR § 280.91.

(4) Each chamber or compartment of a multichamber or multicompartment UST is an individual tank for the purpose of OAR chapter 340, divisions 150 and 151.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 466.746 & ORS 466.815
Stats. Implemented: ORS 466.815
Hist.: DEQ 6-2003, f. & cert. ef. 2-14-03

340-151-0015

Adoption and Applicability of United States Environmental Protection Agency Regulations

Except as otherwise modified or specified in this division, the rules of the United States Environmental Protection Agency governing the financial responsibility requirements for owners and operators of underground storage tanks in Title 40 CFRPart 280Subpart H in effect as of February 1, 2003 are adopted by the commission, incorporated by reference into this division, and applicable to all persons subject to this division. In addition to the Oregon-specific requirements in this division (OAR 340-151-0025), persons subject to this division must consult 40 CFR §§ 280.90 through 280.115 to determine applicable financial responsibility requirements.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 466.746 & ORS 466.815
Stats. Implemented: ORS 466.815
Hist.: DEQ 6-2003, f. & cert. ef. 2-14-03

340-151-0020

Definitions

The definitions and terms used in OAR 340-150-0010 and 40 CFR § 280.92 apply to this division.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 466.746 & ORS 466.815
Stats. Implemented: ORS 466.815
Hist.: DEQ 6-2003, f. & cert. ef. 2-14-03

[ED: NOTE: When reading the following section please note that different text styles have been used to distinguish the different types of changes made. Oregon rules (OARs) are in bold type, italicized text is new language that has been added to existing federal requirements and existing federal language that is deleted is noted by [bracketed] formatting.]

340-151-0025

Oregon-Specific Financial Responsibility Requirements

The following rules in bold type substitute new language in lieu of or insert new language in addition to that in 40 CFR ¦¦ 280.90 through 280.115:

(1) The term "owner and permittee" is substituted in lieu of the term "owner or operator" as that term is used throughout 40 CFR Part 280, Subpart H.

(2) The following terms are in addition to the definitions in 40 CFR ¦ 280.92:

"Owner" means a person who currently owns an UST or owned an UST during the tank's operational life, including:

(1) In the case of an UST system in use on November 8, 1984, or brought into use after that date, any person who owns an UST system used for storage, use or dispensing of regulated substances; and

(2) In the case of an UST system in use before November 8, 1984, but no longer in use on that date, any person who owned such UST immediately before the discontinuation of its use.

"Permittee" means the owner or person designated by the owner, who is in control of or has responsibility for daily UST system operation and maintenance, financial responsibility and UST operator training requirements under a general permit pursuant to OAR 340-150-0160 through 340-150-0168.

(3) The following requirement is in addition to 40 CFR ¦ 280.97(a)-(c):

(d) Each insurance policy or cover page must include the UST facility identification number issued by the department for each UST facility at which petroleum USTs are located.

(4) The following language is substituted in lieu of 40 CFR ¦ 280.108(b):

(b) [After obtaining alternate financial assurance as specified in this subpart, an owner or operator may cancel a financial assurance mechanism by providing notice to the provider of financial assurance.]Within 30 days after a substitution is made, the owner and permittee must:

(1) Provide notice of cancellation of the previous financial assurance mechanism to the department and the former provider of financial assurance; and

(2) Provide a copy of the new financial responsibility mechanism to the department that demonstrates full compliance with the requirements of this division.

(5) The following requirement is in addition to the notice requirement in the first sentence of 40 CFR ¦ 280.109(a):

(a) Except as otherwise provided, a provider of financial assurance may cancel or fail to renew an assurance mechanism by sending a notice of termination by certified mail to the owner or operator, with a copy provided to the department by first class mail delivery.

(6) The following language is substituted in lieu of 40 CFR ¦ 280.110(a)(1):

(1) Within 30 days after the owner or operator identifies a release from an underground storage tank required to be reported under [¦280.53 or ¦280.61] OAR 340-122-0205 through 340-122-0360.

(7) The following requirements are in addition to 40 CFR ¦ 280.110(a)(1)-(a)(3):

(4) With an application to modify an UST general permit registration certificate as required by OAR 340-150-0052 for a change in owner or permittee; and

(5) Within 30 days after a new financial responsibility mechanism is obtained that replaces or substitutes for a previous mechanism as required by 40 CFR ¦ 280.108.

(8) The following requirement is in addition to 40 CFR ¦ 280.110(a)-(c):

(d) An owner and permittee or provider of financial assurance on their behalf, must notify the department by 15 days after the end of the previous month in which any of the following changes to a liability insurance policy (as amended by endorsement or certificate of insurance) occur as a result of actions by the owner, permittee or insurer:

(1) Cancellation;

(2) Failure to renew; or

(3) Issuance of a new or modified insurance policy.

Stat. Auth.: ORS 466.746 & 466.815
Stats. Implemented: ORS 466.815
Hist.: DEQ 6-2003, f. & cert. ef. 2-14-03

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