1. (1) Class I:

   1. (a) Failing to report a release from an HOT as required by OAR 340-163-0020(4) when the failure is discovered by DEQ;
   2. (b) Failing to initiate and complete the investigation or cleanup of a release from an HOT;
   3. (c) Failing to initiate and complete free product removal;
   4. (d) Failing to certify that heating oil tank services were conducted in compliance with all applicable regulations, by a service provider;
   5. (e) Failing, by a responsible party or service provider, to conduct corrective action after DEQ rejects a certified report; or
   6. (f) Providing or supervising HOT services without first obtaining the appropriate license.

2. (2) Class II:

   1. (a) Failing to submit a corrective action plan;
   2. (b) Failing to properly decommission an HOT;
   3. (c) Failing to hold and continuously maintain insurance as required by OAR 340-163-0050;
   4. (d) Failing to have a supervisor present when performing HOT services;
   5. (e) Failing to timely report a release from an HOT as required by 340-163-0020(4) when the failure is reported to DEQ by the responsible person or the service provider; or
   6. (f) Offering to provide heating oil tank services without first obtaining the appropriate service provider license.

Statutory/Other Authority

ORS 466.746, 466.858 - 466.994 & 468.020

Statutes/Other Implemented

ORS 466.706, 466.858 - 466.882, 466.994 & 468.090 - 468.140

History

DEQ 1-2014, f. & cert. ef. 1-6-14
DEQ 4-2006, f. 3-29-06, cert. ef. 3-31-06
DEQ 4-2005, f. 5-13-05, cert. ef. 6-1-05