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

 

DIVISION 160

REGISTRATION AND LICENSING REQUIREMENTS FOR UNDERGROUND 
STORAGE TANK SERVICE PROVIDERS

340-160-0005

Purpose

(1) The purpose of these rules is to provide for the regulation of persons performing services for underground storage tank (UST) systems to assure that UST systems are being serviced in a manner which will protect the public health and welfare and the land and waters within the State of Oregon. These rules establish standards for:

(a) Licensing of persons performing UST services;

(b) Examination, qualification and licensing of individuals who supervise the performance of UST services; and

(c) Administration and enforcement of these rules by the department.

(2) Except as provided in section (3), this division applies to the installation, modification, decommissioning and testing of USTs regulated under OAR chapter 340, division 150.

(3) Except as provided by OAR 340-150-0156, this division does not apply to UST services performed by the property owner, owner or permittee.

Stat. Auth.: ORS 466.746 & ORS 466.750 
Stats. Implemented: ORS 466.750
Hist.: DEQ 3-1989, f. & cert. ef. 3-10-89; DEQ 15-1991, f. & cert. ef. 8-14-91; DEQ 6-2003, f. & cert. ef. 2-14-03

340-160-0010

Definitions

The definitions and terms used in OAR 340-150-0010 and this rule apply to this division:

(1) "Person" means an individual, trust, firm, joint stock company, corporation, partnership, joint venture, consortium, association, state, municipality, commission, political subdivision of a state or any interstate body, any commercial entity or the federal government or any agency of the federal government.

(2) "Service provider" means a person licensed by the department to offer to perform or perform UST services on USTs regulated under OAR chapter 340, division 150.

(3) "Supervisor" means an individual licensed by the department to direct and oversee specific UST services.

(4) "UST services" includes without limitation, installation, decommissioning, modification, testing (e.g., cathodic protection and tank tightness), and inspection of UST systems.

Stat. Auth.: ORS 466.746 & ORS 466.750
Stats. Implemented: ORS 466.706 & ORS 466.750
Hist.: DEQ 3-1989, f. & cert. ef. 3-10-89; DEQ 21-1989(Temp), f. & cert. ef. 9-18-89; DEQ 11-1990, f. & cert. ef. 3-13-90; DEQ 6-2003, f. & cert. ef. 2-14-0

340-160-0020

General Provisions

(1) A person may not perform or offer to perform UST services without first obtaining a license from the department.

(2) A service provider is prohibited from offering or performing UST services on an UST system defined by OAR 340-150-0010(84) (except as exempted or deferred by OAR 340-150-0008), unless the owner and permittee of the UST system have been issued a general permit registration certificate by the department.

(3) A service provider must:

(a) Comply with this division;

(b) Have proof of current license available when UST services are performed;

(c) Maintain a current address on file with the department; and

(d) Perform UST services in a manner that conforms with all federal and state regulations applicable at the time the services are being performed.

(4) A service provider must submit a checklist on a form provided by the department to the department within 30 days, or as otherwise required for the UST owner and permittee, following the completion of UST services. In addition, the service provider must meet the following requirements:

(a) All checklists must be signed by an executive officer of the service provider and the supervisor of the project; and

(b) An as-built drawing of the completed UST installation or modification must be included with the associated checklist.

(5) A supervisor must be present during UST installation and modification when the following tasks are being performed:

(a) Preparation of the excavation immediately before receiving backfill and placement of the tank into the excavation;

(b) Any movement of the tank, including but not limited to, transferring the tank from the vehicle used to transport it to the project site;

(c) Setting of the tank and its associated piping into the excavation, including placement of any anchoring devices, backfill to the level of the tank and strapping, if any;

(d) Placement and connection of the piping system to the tank;

(e) Installation of cathodic protection;

(f) All pressure testing of the UST system, including associated piping, performed during the installation or modification;

(g) Completion of the backfill and filling of the excavated area around the installed UST;

(h) Preparation for and installation of any tank lining systems; and

(i) UST excavation.

(6) A supervisor must be present during an UST decommissioning when the following tasks are being performed:

(a) UST excavation;

(b) Removal and capping of vent and product lines;

(c) Cleaning the UST and removal of contents;

(d) Tank purging or inerting;

(e) Any movement of the tank, including but not limited to transferring the tank to the vehicle used to transport it from the project site; and

(f) Collection of soil and water samples.

(7) A supervisor must be present during the testing of an UST cathodic protection system.

(8) A supervisor must be present during the tank tightness testing of an UST system performed under OAR 340-150-0445.

(9) A service provider must report to the department the existence of any condition relating to an UST system that has or may result in a release to the environment within 72 hours of discovery of the condition.

(10) The requirements of this section are in addition to and not in lieu of any other licensing requirement imposed by law.

Stat. Auth.: ORS 465.200 - ORS 465.320 & ORS 466.706 - ORS 455.995
Stats. Implemented: ORS 466.706 & ORS 466.750
Hist.: DEQ 3-1989, f. & cert. ef. 3-10-89; DEQ 15-1991, f. & cert. ef. 8-14-91; DEQ 6-2003, f. & cert. ef. 2-14-03

340-160-0025

Types of Licenses

(1) The department may issue the following types of licenses:

(a) Service provider;

(b) Installation supervisor;

(c) Decommissioning supervisor;

(d) Tank tightness test supervisor; and

(e) Cathodic protection system test supervisor.

(2) Licenses will be issued in accordance with the requirements of OAR 340-160-0030 for service providers and 340-160-0035 for supervisors.

Stat. Auth.: ORS 466.746 & ORS 466.750 
Stats. Implemented: ORS 466.750
Hist.: DEQ 3-1989, f. & cert. ef. 3-10-89; DEQ 6-2003, f. & cert. ef. 2-14-03

340-160-0030

Licensing of UST Service Providers

(1) To apply for a service provider license, a person must submit an application to the department on a form provided by the department that includes:

(a) The name, address and telephone number of the applicant;

(b) The category(ies) of UST services to be performed;

(c) A summary of the UST services provided by the applicant within the two year period immediately preceding the application, including the number of UST service projects completed in each category of UST services and identification of any other industry or government licenses held by the applicant related to specific UST services;

(d) A list of employees with supervisor licenses, the specific UST services for which they are licensed, the date the employee received a license from the department and each employee's license number;

(e) A signed statement that certifies that: "I [insert name], am the chief executive officer of [insert company name] and do hereby certify that I have obtained a copy of the applicable laws and rules pertaining to the regulation of underground storage tanks in the State of Oregon and that I have read them and will direct the employees and principals of this company to perform the UST services rendered by this company in accordance with those laws and rules"; and

(f) The required license fee.

(2) The department will review the application for completeness. If the application is incomplete, the applicant will be notified in writing of the deficiencies.

(3) The department may deny, in writing, a license to an applicant who has not satisfied the license application requirements.

(4) If the application is approved, a service provider license will be issued to the applicant. The license is valid for a period of 24 months.

(5) License renewals must be applied for in the same manner as required for an initial license, except the service provider must submit the complete renewal application to the department at least 30 days before the expiration date of the current license.

(6) The department may suspend, revoke or refuse to issue a license if the service provider:

(a) Fraudulently obtains or attempts to obtain a license;

(b) Fails at any time to satisfy the requirements for a license or to comply with the rules of this division or OAR chapter 340, division 150;

(c) Fails to meet any applicable state or federal standard relating to the UST services performed under the license; or

(d) Fails to employ and designate a licensed supervisor for each UST service project.

(7) A service provider who has a license suspended or revoked may reapply for a license after demonstrating to the department that the cause of the suspension or revocation has been resolved.

(8) If a service provider no longer employs a licensed supervisor, the service provider must immediately cease providing UST services. The service provider cannot provide UST services until a licensed supervisor is again employed by the service provider and written notice of the hiring of a licensed supervisor is received by the department.

Stat. Auth.: ORS 466.746 & 466.750
Stats. Implemented: ORS 466.750
Hist.: DEQ 3-1989, f. & cert. ef. 3-10-89; DEQ 6-2003, f. & cert. ef. 2-14-03; DEQ 3-2008, f. 2-29-08, cert. ef. 3-10-08

340-160-0035

Supervisor Licensing

(1) To obtain a license from the department to supervise the installation, decommissioning or testing of an UST, an individual must submit an application to the department on a form provided by the department within 30 days of passing the qualifying examination. The application must include the appropriate fee and documentation that the applicant passed the applicable supervisor examination.

(2) A supervisor license is valid for 24 months.

(3) License renewals must be applied for in the same manner as application for the original license, including re-examination, except the supervisor must submit the renewal application to the department at least 30 days before the current license expires.

(4) The department may suspend or revoke a supervisor's license for failure to comply with any state or federal rule or regulation pertaining to the management of underground storage tanks. If a supervisor's license is revoked, the individual may not reapply less than 90 days after the revocation date.

(5) Upon issuance of a supervisor license, an identification card will be provided that shows the license number and license expiration date for each UST services category.

(6) A supervisor must have his or her current license identification card available for inspection during each UST service project.

Stat. Auth.: ORS 466.746 & ORS 466.750

Stats. Implemented: ORS 466.750
Hist.: DEQ 3-1989, f. & cert. ef. 3-10-89; DEQ 15-1991, f. & cert. ef. 8-14-91; DEQ 6-2003, f. & cert. ef. 2-14-03

340-160-0040

Supervisor Examinations

(1) To apply for a license from the department to supervise the installation, decommissioning or testing of an UST, an individual must take and pass a qualifying examination approved by the department.

(2) In lieu of the requirements of section (1), an applicant may meet the requirements for licensing by reciprocity by providing proof acceptable to the department that the applicant has:

(a) Successfully passed an equivalent supervisor examination in another jurisdiction; and

(b) Demonstrate knowledge of applicable Oregon rules and regulations.

Stat. Auth.: ORS 466.746 & ORS 466.750
Stats. Implemented: ORS 466.750
Hist.: DEQ 3-1989, f. & cert. ef. 3-10-89; DEQ 6-2003, f. & cert. ef. 2-14-03

340-160-0054

Reciprocity with Other Jurisdictions

The department may develop agreements with other jurisdictions for the purposes of establishing reciprocity in training, licensing, and certification if the department finds that the training, licensing and certification standards of the other jurisdictions are at least as stringent as those required by this division.

Stat. Auth.: ORS 466.746 & ORS 466.750
Stats. Implemented: ORS 466.750
Hist.: DEQ 15-1991, f. & cert. ef. 8-14-91; DEQ 6-2003, f. & cert. ef. 2-14-03

340-160-0150

Fees

(1) The nonrefundable application fee for a service provider license is $600.

(2) The nonrefundable application fee for a supervisor license is $150. This fee covers up to four supervisor license categories, if the expiration date is the same for all license categories.

Stat. Auth.: ORS 466.746 & 466.750
Stats. Implemented: ORS 466.750
Hist.: DEQ 3-1989, f. & cert. ef. 3-10-89; DEQ 15-1991, f. & cert. ef. 8-14-91; DEQ 6-2003, f. & cert. ef. 2-14-03; DEQ 3-2008, f. 2-29-08, cert. ef. 3-10-08

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