1. (1) Class I:

   1. (a) Failure to timely submit a facility Seismic Vulnerability Assessment as required under OAR 340-300-0004.
   2. (b) Failure to timely submit a facility Risk Mitigation Implementation Plan or a final post-implementation report as required under OAR 340-300-0005.
   3. (c) Failure to implement DEQ approved Risk Mitigation Implementation Plan.
   4. (d) Failure to maintain equipment, personnel and training at levels described in an approved Risk Mitigation Implementation Plan.
   5. (e) Operating a bulk fuel terminal without an approved facility Seismic Vulnerability Assessment or Risk Mitigation Implementation Plan.

2. (2) Class II:

   1. (a) Failure to allow access for facility inspection when requested.
   2. (b) Failure to submit a modification request prior to changing an approved Seismic Vulnerability Assessment or Risk Mitigation Implementation Plan.
   3. (c) Failure to implement required changes to an approved Seismic Vulnerability Assessment or Risk Mitigation Implementation Plan.

3. (3) Class III:

   1. (a) Failure to provide maintenance and inspections records of the storage and transfer facilities to DEQ upon request.
   2. (b) Failing to notify DEQ within 14 calendar days of any significant changes that could affect implementation of a required Risk Mitigation Implementation Plan.
   3. (c) Failing to retain records of Seismic Vulnerability Assessment or Risk Mitigation Implementation Plan as required in 340-300-0003(11) and 340-300-003(13).

Statutory/Other Authority

ORS 468.020 & SB 1567 (2022)

Statutes/Other Implemented

SB 1567 (2022)

History

DEQ 13-2023, adopt filed 09/14/2023, effective 09/14/2023