Or. Admin. Code § 340-180-0010

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

Section 340-180-0010 - Definitions

As used in these rules:

(1) "Collection Expenses" means out of pocket expenses, attorney fees, administrative expenses, filing fees, recording fees, and other expenses.

(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 or federal credit union maintaining an office in this state.

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

(4) "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.

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

(6) "Director" means the Director of the Department of Environmental Quality.

(7) "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.

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

(9) "Grant" means reimbursement for costs incurred for UST tightness testing and soil assessment at a facility with underground storage tanks containing motor fuel.

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

(11) "Licensed" means that a firm or an individual with supervisory responsibility for the performance of tank services has met the Department's 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.

(12) "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.

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

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

(15) "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 these rules.

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

(17) "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.

(18) "Soil Assessment" means evaluating the soil adjacent to the UST system for contamination from motor fuel.

(19) "Soil Remediation" means those corrective actions taken to excavate, remove, treat or dispose of soil contaminated with motor fuel so as to bring a site containing underground storage tanks into compliance with the Department's Cleanup Rules for Leaking Petroleum UST System, OAR Chapter 340, Division 122.

NOTE:Soil remediation does not include cleanup or decontamination of contaminated groundwater or surface water, provisions for alternate water supplies or any related remediation work.

(20) "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 a underground storage tank facility.

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

(22) "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.

(23) "Tightness Testing" means a procedure for testing the ability of a tank system to prevent an inadvertent release of any stored substance into the environment (or, in the case of an underground storage tank system, intrusion of groundwater into a tank system).

(24) "Underground Storage Tank" or "UST" means an underground storage tank as defined in OAR Chapter 340, Division 150.

Or. Admin. Code § 340-180-0010

DEQ 25-1989(Temp), f. & cert. ef. 10-26-89; DEQ 13-1990, f. & cert. ef. 3-13-90

Stat. Auth.: ORS 466.706 -ORS 466.995

Stats. Implemented:ORS 466.706 & OL 1989, Ch. 1071