Or. Admin. Code § 340-163-0070

Current through Register Vol. 63, No. 10, October 1, 2024

Section 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.

Or. Admin. Code § 340-163-0070

DEQ 3-2000, f. & cert. ef. 2-17-00

Stat. Auth.: ORS 466.706 - ORS 466.895 & ORS 466.995

Stats. Implemented: ORS 466.706