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DEPARTMENT OF ENVIRONMENTAL QUALITY

 

DIVISION 163

REGISTRATION AND LICENSING REQUIREMENTS FOR
HEATING OIL TANK SOIL MATRIX CLEANUP SERVICE PROVIDERS AND SUPERVISORS

340-163-0005

Authority, Purpose, and Scope

(1) These rules are promulgated in accordance with and under the authority of ORS 466.706 and 466.750.

(2) The purpose of these rules is to provide for the regulation of firms and individuals who perform heating oil tank services for underground heating oil tanks. These rules establish standards for:

(a) Licensing of firms performing heating oil tank services;

(b) Examination, qualification and licensing of individuals who supervise heating oil tank services; and

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

(3) These rules apply to any individual or firm who performs or offers to perform heating oil tank services.

(4) Service providers and supervisors licensed under this Division are not licensed to perform work under:

(a) OAR Chapter 340, Division 162; or

(b) OAR Chapter 340, Division 160.

Stat. Auth.: ORS 466.706 - ORS 466.895 & ORS 466.995 
Stats. Implemented: ORS 466.706 & ORS 466.750 
Hist.: DEQ 28-1990, f. & cert. ef. 7-6-90; DEQ 3-2000, f. & cert. ef. 2-17-00

340-163-0010

Definitions

As used in this Division, the following definitions apply:

(1) "Commission" means the Environmental Quality Commission.

(2) "Confirmed Release" means petroleum contamination observed in soil or groundwater as a sheen, stain, or petroleum odor, or petroleum contamination detected in soil by the Northwest Total Petroleum Hydrocarbon Identification Analytical Method (NWTPH-HCID, DEQ, December, 1996), or analytical results of 50 mg/kg or greater for Diesel/Lube Oil Range Hydrocarbons by Method NWTPH-Dx (DEQ, December, 1996), or detected in groundwater having concentrations detected by any appropriate analytical method specified in OAR 340-122-0218.

(3) "Corrective Action" has the same meaning as given in ORS 466.706.

(4) "Decommissioning" means to remove an underground heating oil tank from operation by an approved method specified in OAR 340-177-0025, such as abandonment in place (e.g. cleaning and filling with an inert material) or by removal from the ground.

(5) "Department" means the Oregon Department of Environmental Quality.

(6) "Fee" means a fixed charge or service charge.

(7) "Firm" means any business, including but not limited to corporations, limited partnerships, and sole proprietorships, engaged in the performance of heating oil tank services.

(8) "Heating Oil" means petroleum that is No. 1, No. 2, No. 4-heavy, No. 5-light, No. 5-heavy, and No. 6 -- technical grades of fuel oil: other residual fuel oils (including Navy Special Fuel oil and Bunker C); and other fuels when used as substitutes for one of these fuel oils.

(9) "Heating Oil Tank" means any one or combination of underground tanks and above ground or underground pipes connected to the tank, which is used to contain heating oil used for space heating a building with human habitation or, water heating not used for commercial processing.

(10) "Heating Oil Tank Services" means the decommissioning of a heating oil tank or the performance of corrective action necessary as a result of a release of oil from an underground heating oil tank.

(11) "Licensed" means that a firm or an individual with supervisory responsibility for the performance of heating oil tank services has met the Department's qualification requirements to offer or perform such services and has been issued a license by the Department.

(12) "Responsible Person" means "owner or operator" as defined in ORS 465.200(19) and any other person liable for or voluntarily undertaking remediation under 465.200, and is used synonymously with the term "tank owner" in this Division.

(13) "Service Provider" is a firm licensed to offer and perform heating oil tank services on underground heating oil tanks in Oregon.

(14) "Supervisor" means a licensed individual who is charged with the responsibility for directing and overseeing the performance of heating oil tank services at a tank site.

Stat. Auth.: ORS 466.706 - ORS 466.895 & ORS 466.995 
Stats. Implemented: ORS 466.706 & ORS 466.750 
Hist.: DEQ 28-1990, f. & cert. ef. 7-6-90; DEQ 3-2000, f. & cert. ef. 2-17-00

340-163-0020

General Provisions

(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.

Stat. Auth.: ORS 466.706 - ORS 466.895 & ORS 466.995 
Stats. Implemented: ORS 466.706 & ORS 466.750 
Hist.: DEQ 28-1990, f. & cert. ef. 7-6-90; DEQ 3-2000, f. & cert. ef. 2-17-00

340-163-0030

Licensing Requirements for Heating Oil Tank Service Providers

(1) The Department will issue a license for heating oil tank services to firms who complete and submit a license application to the Department that includes, but is not limited to, the following information:

(a) The name of the firm or assumed business name as registered with the Oregon Corporation Division, and address and telephone number of the firm;

(b) The names and addresses of all principals of the firm;

(c) The names and supervisor license numbers and expiration dates of all employees or principals responsible for on-site project supervision;

(d) Proof of insurance as required by OAR 340-163-0050(3);

(e) Current Construction Contractors Board registration number;

(f) General information about any underground storage tank work (regulated or heating oil) performed in Oregon or any other state(s) within the previous year as applicable; and

(g) The required license fee.

(2) The Department will review the application for completeness. If the application is incomplete, the Department will notify the applicant by telephone or in writing of the deficiencies.

(3) Upon approval, the Department will issue a license to the applicant that is valid for twelve (12) months from the date of issue.

(4) License renewals must be applied for and will be issued in the same manner as required for an initial license, except:

(a) The complete renewal application must be submitted to the Department no later than 30 days prior to the license expiration date;

(b) The application must include a list of all heating oil tank site assessments and certified decommissioning and cleanup projects worked on during the previous twelve (12) month period. The list must include, but is not limited to, the name of the property owner, address of the property, date(s) the services were performed, and the type of services performed (i.e. site assessment, decommissioning, cleanup).

(c) The renewal license period will be for twelve (12) months from the expiration date of the previous license issued. If the current license lapses for any reason, the service provider may not perform or offer to perform heating oil tank services during any time between the expiration date and issuance of the renewal license.

(5) If a firm changes its business name, but there are no changes in the corporate structure (i.e. all principals remain the same), a request for a business name change and re-issuance of the service provider license must be made in writing and be accompanied by the required fee for name changes. A copy of the certificate of insurance with the new corporate name must be included. The license period will remain the same as issued to the previous business name.

(6) If the Construction Contractors Board requires that a firm re-register as a new entity, the service provider license issued by the Department will become invalid and the firm must reapply as a new applicant.

Stat. Auth.: ORS 466.706 - ORS 466.895 & ORS 466.995 
Stats. Implemented: ORS 466.706 & 466.750 
Hist.: DEQ 28-1990, f. & cert. ef. 7-6-90; DEQ 3-2000, f. & cert. ef. 2-17-00

340-163-0035

Licensing and Examination Requirements for Heating Oil Tank Supervisors

(1) An individual must take and pass a qualifying examination approved by the Department to be eligible to apply for a license to supervise heating oil tank services when employed by a licensed heating oil tank service provider. The Department may use examinations administered by a nationally recognized underground storage tank examination firm or organization.

(2) If no national examination system is available or if an Oregon-specific testing method is determined necessary by the Department, the Department may develop an examination process that may include field tests in addition to or in lieu of a written examination, that is specific to heating oil tank services, is administered by the Department, and that includes reimbursement of an amount sufficient to cover the costs of administering the examination.

(3) The Department will issue a license for heating oil tank site assessment, decommissioning and cleanup activities to individuals who complete and submit a license application to the Department that includes, but is not limited to, the following information:

(a) Name and address of the individual;

(b) Name, address and license number of the service provider that the individual is employed by or is regularly associated with;

(c) Original or clearly legible copy of documentation that the applicant has successfully passed the appropriate supervisor examination; and

(d) The required fee.

(4) Applications must be submitted to the Department within 30 days of passing the qualifying examination.

(5) The Department will review the application for completeness. If the application is incomplete, the applicant will be notified of deficiencies by telephone or in writing.

(6) After the application is approved, the Department will issue a supervisor license to the applicant that is valid for twenty-four (24) months from the date of issue. The license is in the form of an identification card that includes the name of the individual, license number and expiration date.

(7) License renewals must be applied for and will be issued in the same manner as the application for the original license, including re-examination, except:

(a) The renewal license period will be for twenty-four (24) months from the expiration date of the previous license issued. If the current license lapses for any reason, the individual may not perform or offer to perform heating oil tank supervisory services during any time between the expiration date and issuance of the renewal license.

(8) Until July 1, 2000, or a later date determined by the Department, applicants for a heating oil tank supervisor license may use the Oregon Soil Matrix Cleanup examination to meet the requirements of OAR 340-163-0035(1). After that date, the Department will designate a heating-oil-specific examination as the qualifying examination. The Department may make a determination that more than one examination or license category is necessary.

Stat. Auth.: ORS 466.706 - ORS 466.895 & ORS 466.995 
Stats. Implemented: ORS 466.706 & ORS 466.750 
Hist.: DEQ 28-1990, f. & cert. ef. 7-6-90; DEQ 3-2000, f. & cert. ef. 2-17-00

340-163-0050

Service Provider Insurance Requirements

(1) Any firm applying for a service provider license to perform heating oil tank services must first obtain insurance coverage for errors-and-omissions or professional liability that will be used to pay for any additional corrective action necessary as a result of improper or inadequate site assessment, decommissioning or cleanup work. General liability insurance or pollution liability insurance are not acceptable substitutes for the insurance requirements.

(2) Insurance must be obtained in the amount of $500,000 per claim or per occurrence, with a total aggregate of $1,000,000, from an insurance company authorized to do business in Oregon. Coverage must remain continuous during the license period and until one (1) year after a firm has ceased to perform heating oil tank services in Oregon.

(3) Proof of insurance in the form of a standard insurance policy certificate must be provided to the Department at time of license application and renewal. The certificate of insurance must include the following:

(a) The name of the insurance company, policy number, effective dates of coverage, coverage amounts, deductible amount, name of all insured entities, agent's name, address and telephone number; and

(b) A 30-day cancellation clause that provides notice to the Department if the insurance is cancelled. Notices must be sent to: Department of Environmental Quality, Underground Storage Tank Program, 811 S.W. Sixth Avenue, Portland, Oregon, 97204.

Stat. Auth.: ORS 466.706 - ORS 466.895 & ORS 466.995 
Stats. Implemented: ORS 466.706 
Hist.: DEQ 3-2000, f. & cert. ef. 2-17-00

340-163-0060

Certification of Work Performed

(1) A licensed service provider must certify to the Department that heating oil tank services have been performed in compliance with applicable regulations for each decommissioning or cleanup report submitted to the Department. Categories for certification are:

(a) Voluntary Decommissioning;

(b) Soil Matrix Cleanup;

(c) Heating Oil Tank Generic Remedy Cleanup; and

(d) Risk-Based Cleanup with a Corrective Action Plan.

(2) Each individual decommissioning or cleanup certification must contain the following elements:

(a) Statement of compliance that includes the following declaration by the business owner or senior corporate officer for the service provider: "Based on information and belief formed after reasonable inquiry, the heating oil tank services performed under this certification were conducted in compliance with all applicable federal, state and local laws.";

(b) Affirmation of insurance coverage as required by OAR 340-163-0050;

(c) Signature of service provider business owner or senior corporate officer;

(d) Technical report required by OAR 340-122-0205 to 340-122-0360 or OAR Chapter 340, Division 177 as appropriate, signed by the licensed supervisor responsible for the on-site supervision of the project;

(e) A list of technical standards and regulations covered by the certificate provided for the specific category, on a checklist provided by the Department; and

(f) The cost of each certified project, for the purpose of collecting general information by certification category. The service provider must provide information on a separate form provided by the Department, that includes the certification category, description of the complexity of the project, date the project was completed, name of the county the project is located in, and the project cost.

(3) Project certifications must be included with reports submitted by the tank owner, or service provider on owner's behalf, and accompanied by the required registration fee in accordance with OAR 340-177-0095.

Stat. Auth.: ORS 466.706 - ORS 466.895 & ORS 466.995 
Stats. Implemented: ORS 466.706 
Hist.: DEQ 3-2000, f. & cert. ef. 2-17-00

340-163-0070

Department Review of Certified Reports

(1) The Department may review and verify the accuracy of certified decommissioning and cleanup reports using a variety of standard compliance verification methods, including, but not limited to:

(a) Review of certified reports submitted for Department approval;

(b) Field inspection of heating oil tank services at tank sites; and

(c) Inspection of records, equipment, or materials held or temporarily stored at the service provider's place of business or storage facility.

(2) The Department will document the result of any report review conducted in writing, which includes a brief summary of the report review or inspection results. This information will be provided to both the tank owner and the certifying service provider.

(3) Any enforcement actions taken as a result of a report review will be conducted in accordance with the applicable requirements of OAR Chapter 340, Division 12.

(4) The Department may reject any decommissioning or cleanup report that has been certified as in compliance with all applicable regulations by a service provider if, but not limited to, any of the following conditions exist:

(a) There is a lack of information or data included with the certified report to support the finding of compliance;

(b) The Department determines that the compliance determination is not accurate based on the information submitted;

(c) Some or all of the supporting documentation does not accurately reflect conditions at the tank site;

(d) Information obtained during a site inspection by the Department may affect the validity of the certification results; or

(e) There is a violation of applicable regulations that has or potentially could affect the validity of the certification results.

(5) For any rejected certified report, the Department may require the service provider or their insurance policy to take specific corrective action(s) that may include additional work at the tank site, including, but not limited to, additional sampling and analysis, contaminated soil removal, or removal of the heating oil tank. Completion of any required additional work must be coordinated with the property owner.

(6) For purposes of determining report certification accuracy, any employee or authorized representative of the Department may enter the tank site or service provider facility 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.

(7) To assist the Department in scheduling inspections, service providers must provide information regarding specific projects in progress on any specific day or days upon request by the Department.

Stat. Auth.: ORS 466.706 - ORS 466.895 & ORS 466.995 
Stats. Implemented: ORS 466.706 
Hist.: DEQ 3-2000, f. & cert. ef. 2-17-00

340-163-0110

License Denial, Suspension, Revocation

(1) The Department may deny issuance of, suspend or revoke a license for fraud or deceit if the service provider or supervisor:

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

(b) Knowingly signs required forms containing false information.

(2) The Department may also deny issuance of, suspend or revoke a license if the service provider or supervisor fails to comply with any applicable local, state or federal regulations pertaining to the performance of heating oil tank services or demonstrates negligence or incompetence, including but not limited to situations where the service provider or supervisor:

(a) Fails to employ and designate a licensed supervisor for each project;

(b) Fails to maintain required insurance;

(c) Fails to maintain appropriate registration with the Oregon Construction Contractors Board;

(d) Fails to resolve heating oil tank compliance related violations in accordance with an enforcement schedule or order issued by the Department;

(e) Fails to make corrections specified by the Department as the result of the Department's rejection of a decommissioning or cleanup report certified by the service provider;

(f) Fails to correct deficiencies noted by the Department for an incomplete license application;

(g) Fails to maintain a current address with the Department; or

(h) Fails at any time to satisfy the requirements for a license.

(3) A service provider or supervisor who has an application denied or license suspended or revoked may reapply for a license after demonstrating to the Department that the cause of the denial, suspension, or revocation has been resolved.

(4) Procedures for license denial, suspension, and revocation will be conducted in accordance with the appropriate provisions of ORS 183.310 to 183.550 and OAR Chapter 340, Division 11.

Stat. Auth.: ORS 466.706 - ORS 466.895 & ORS 466.995 
Stats. Implemented: ORS 466.706 & ORS 466.750 
Hist.: DEQ 3-2000, f. & cert. ef. 2-17-00

340-163-0150

Fees

(1) Heating oil tank service providers must pay a non-refundable license fee of $750 for a twelve (12) month license.

(2) Heating oil tank supervisors must pay a non-refundable license fee of $150 for a twenty-four (24) month license.

(3) Supervisors taking qualifying examinations administered by the Department must pay an examination fee equal to the cost of administering the examination.

(4) Examination study guides will be made available to the public for the cost of production. Copyrighted reference materials, which may have separate costs charged by the specific organization, are not included with study guides.

(5) Replacement licenses, including name change requests, will be provided by the Department for a fee of $10.

Stat. Auth.: ORS 465.200 - ORS 465.320 & ORS 466.706 - ORS 466.995 
Stats. Implemented: ORS 466.706 & ORS 466.750 
Hist.: DEQ 28-1990, f. & cert. ef. 7-6-90; DEQ 15-1991, f. & cert. ef. 8-14-91; DEQ 3-2000, f. & cert. ef. 2-17-00

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