Or. Admin. Code § 340-172-0010

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

Section 340-172-0010 - Definitions

As used in these rules:

(1) "Aboveground Storage Tank' or "AST' means one or a combination of tanks that is used to contain an accumulation of motor fuel for resale and is not an underground storage tank.

NOTE: Some examples of ASTs include:

-1- Tanks located entirely aboveground;

-2- Tanks located in vaults entirely aboveground;

-3- Tanks in a below ground vault where all portions of the tanks can be physically inspected. By contrast, a tank with ten percent or more of its volume covered by soil is an underground storage tank.

(2) "Commercial Lending Institution' means any bank, mortgage banking company, trust company, stock savings bank, saving and loan association, credit union, national banking association, federal savings and loan association, cooperative financial institution regulated by an agency of the Federal Government or this state, or federal credit union maintaining an office in this state.

(3) "Commission' means the Environmental Quality Commission.

(4) "Completed Project' means UST that meets all the 1998 requirements of OAR 340, division 150 or an AST that meets all federal, state and local regulations for ASTs and the property meets the cleanup levels in OAR 340, division 122.

(5) "Corrective Action' means remedial action taken to protect the present or future public health, safety, welfare, or the environment from a release of a regulated substance. "Corrective action' includes but is not limited to:

(a) The prevention, elimination, removal, abatement, control, minimization, investigation, assessment, evaluation or monitoring of a hazard or potential hazard or threat, including migration of a regulated substance; or

(b) Transportation, storage, treatment or disposal of a regulated substance or contaminated material from a site.

(6) "Current Ratio' means Current Assets mathematically divided by Current Liabilities, as defined in Appendix 1.

(7) "Debt Service Coverage Ratio' means Net Profit + Non-Cash mathematically divided by Current Portion of Long Term Debt as defined in Appendix 1.

(8) "Debt to Equity Ratio' means Total Liabilities mathematically divided by Total Equity, as defined in Appendix 1.

(9) "Decommission' means to remove from operation an underground storage tank, including temporary or permanent removal from operation, abandonment in place or removal from the ground.

(10) "Department' means the Department of Environmental Quality.

(11) "Director' means the Director of the Department of Environmental Quality.

(12) "Essential Services Grant' means a grant provided to a person qualifying for Tier 4 benefits under these rules.

(13) "Facility' means any one or combination of underground storage tanks and underground pipes connected to the tanks, used to contain an accumulation of motor fuel, including gasoline or diesel oil, that are located at one contiguous geographical site. The Department further defines facility to include all underground storage tanks that hold or have held an accumulation of motor fuel for resale at the site.

(14) "Financial Responsibility Requirements' means the UST financial responsibility requirements in OAR 340-150-0002, 340-150-0004 and federal regulation 40 CFR 280.

(15) "Grant' means payment for costs of UST project work.

(16) "Guarantor' means any person other than the permittee who by guaranty, insurance, letter of credit or other acceptable device, provides financial responsibility for an underground storage tank as required under ORS 466.815.

(17) "Imminent Hazard' means petroleum contamination or threat of petroleum contamination to a groundwater drinking water supply or potential groundwater drinking water supply or where a spill or release of petroleum is likely to cause a fire or explosion that threatens public life and safety or where a spill or release of petroleum threatens a critical habitat or an endangered species.

(18) "Investigation' means monitoring, surveying, testing or other information gathering.

(19) "Licensed' means that a firm or an individual with supervisory responsibility for the performance of tank services has met the Department's minimum experience and qualification requirements to offer or perform services related to underground storage tanks and has been issued a license by the Department to perform those services.

(20) "Licensed Public Accountant' means a Certified Public Accountant (CPA) or a Public Accountant (PA) licensed to practice in Oregon.

(21) "Local Unit of Government' means a city, county, special service district, metropolitan service district created under ORS Chapter 268 or political subdivision of the state.

(22) "Motor Fuel' means a petroleum or a petroleum-based substance that is a motor gasoline, No. 1 or 2 diesel fuel, or any grade of gasohol, and is typically used in the operation of a motor engine.

(23) "New Tank Standards' means modifying a UST or replacing a UST to comply with the 1998 technical requirements of OAR 340, division 150 and federal regulation 40 CFR 280.

(24) "Operator' means any person in control of, or having responsibility for, the daily operation of the UST or AST system.

(25) "Owner' means the owner of an underground storage tank.

(26) "Permittee' means the owner or a person designated by the owner who is in control of or has responsibility for the daily operation or daily maintenance of an underground storage tank under a permit issued pursuant to OAR 340, division 150.

(27) "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.

(28) "Phase I Environmental Audit' means a visual inspection of the property and adjacent properties, including inspection of public records, for the purpose of discovering environmental contamination from past uses.

(29) "Phase II Environmental Audit' means investigation to discover or characterize environmental contamination.

(30) "Pollution Prevention Grant' means a grant provided to a person qualifying for Tier 3 benefits under these rules.

(31) "Property Owner' means the legal owner of the property where the underground storage tank resides.

(32) "Release' means the discharge, deposit, injection, dumping, spilling, emitting, leaking or placing of a regulated substance from an underground storage tank into the air or into or on land or the waters of the state, other than as authorized by a permit issued under state or federal law.

(33) "Retail Facility' means business reselling or previously reselling motor fuel to the public.

(34) "Retail Gas Sales Facility' means business reselling motor fuel to the public at least three days per week during 11 months each calendar year.

(35) "Site Assessment' means evaluating the soil and groundwater adjacent to the UST system for contamination from motor fuel.

(36) "Soil Matrix Cleanup Service Provider' is an individual or firm licensed to offer or perform soil matrix cleanup at regulated underground storage tanks in Oregon.

(37) "Soil Matrix Cleanup Supervisor' means a licensed individual operating alone or employed by a soil matrix cleanup service provider and charged with the responsibility to direct and oversee the performance of soil matrix cleanup at an underground storage tank facility.

(38) "Stage I Vapor Collection System' means a system where gasoline vapors are forced from a tank into a vapor-tight holding system or vapor control system through direct displacement by the gasoline being loaded.

(39) "Stage II Vapor Collection System' means a system where at least 90 percent, by weight, of the gasoline vapors that are displaced or drawn from a vehicle fuel tank during refueling are transferred to a vapor-tight holding system or vapor control system.

(40) "Supervisor' means a licensed individual operating alone or employed by a contractor and charged with the responsibility to direct and oversee the performance of tank services at an underground storage tank facility.

(41) "Tank Services' include but are not limited to tank installation, permanent decommissioning, retrofitting, testing, and inspection.

(42) "Tank Services Provider' is an individual or firm registered and, if required, licensed to offer or perform tank services on regulated underground storage tanks in Oregon.

(43) "Tier' means one of four levels of financial assistance a person may qualify to receive under these rules.

(44) "Underground Storage Tank' or "UST' means an underground storage tank as defined in OAR 340, division 150.

(45) "USTCCA Fund' means the Underground Storage Tank Compliance and Corrective Action Fund established by ORS 466.790.

(46) "UST Project Work' means conducting corrective action, replacing UST systems with new UST systems meeting new tank standards, upgrading underground storage tank systems to new tank standards, replacing UST systems with aboveground storage tank systems, and installing Stage I and II vapor collection systems, including hoses and nozzles, at an underground storage tank facility location holding or that held an accumulation of motor fuel for resale.

[NOTE: The Appendices and publications referenced are available from the agency.]

Or. Admin. Code § 340-172-0010

DEQ 29-1991(Temp), f. 12-18-91, cert. ef. 12-20-91; DEQ 14-1992, f. & cert. ef. 6-11-92; DEQ 8-1994, f. & cert. ef. 3-22-94; DEQ 110-2018, minor correction filed 04/10/2018, effective 04/10/2018; DEQ 13-2019, amend filed 05/16/2019, effective 5/16/2019

Publications: Publications referenced are available from the agency.

Statutory/Other Authority: OL 1993 & Ch. 661

Statutes/Other Implemented: ORS 466.706, OL 1991, Ch. 863 & OL 1993 & Ch. 661