OAR 340-012-0079: Heating Oil Tank (HOT) Classification of Violations

(1) Class I: (a) Failing to report a release from an HOT as required by OAR 340-163-0020(4) when the failure is discovered by DEQ; (b) Failing to initiate and complete the investigation or cleanup of a release from an HOT; (c) Failing to initiate and complete free product removal; (d) Failing to certify that heating oil tank services were conducted in compliance with all applicable regulations, by a service provider; (e) Failing, by a responsible party or service provider, to conduct corrective action after DEQ rejects a certified report; or (f) Providing or supervising HOT services without first obtaining the appropriate license. (2) Class II: (a) Failing to submit a corrective action plan; (b) Failing to properly decommission an HOT; (c) Failing to hold and continuously maintain insurance as required by OAR 340-163-0050; (d) Failing to have a supervisor present when performing HOT services; (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 (f) Offering to provide heating oil tank services without first obtaining the appropriate service provider license.