OAR 340-012-0081: Oil and Hazardous Material Spill and Release Classification of Violations

(1) Class I: (a) Failing to immediately clean up spills or releases or threatened spills or releases of oil or hazardous materials, by any person having ownership or control over the oil or hazardous materials; (b) Failing to immediately notify the Oregon Emergency Response System (OERS) of the type, quantity and location of a spill of oil or hazardous material; and corrective and cleanup actions taken and proposed to be taken if the amount of oil or hazardous material released exceeds the reportable quantity or will exceed the reportable quantity within 24 hours; (c) Spilling or releasing any oil or hazardous materials which enters waters of the state; (d) Failing to activate alarms, warn people in the immediate area, contain the oil or hazardous material or notify appropriate local emergency personnel; (e) Failing to immediately implement a required plan; or (f) Failing to take immediate preventative, repair, corrective, or containment action in the event of a threatened spill or release. (2) Class II: (a) Failing to submit a complete and detailed written report to DEQ of a spill of oil or hazardous material; (b) Failing to use the required sampling procedures and analytical testing protocols for oil and hazardous materials spills or releases; (c) Failing to coordinate with DEQ during the emergency response to a spill after being notified of DEQ's jurisdiction; (d) Failing to immediately report spills or releases within containment areas when reportable quantities are exceeded and exemptions are not met under OAR 340-142-0040; (e) Failing to immediately manage any spill or release of oil or hazardous materials consistent with the National Incident Management System (NIMS); (f) Improperly or without approval of DEQ, treating, diluting or disposing of spill, or spill-related waters or wastes; or (g) Using chemicals to disperse, coagulate or otherwise treat a spill or release of oil or hazardous materials without prior DEQ approval. (3) Class III: (a) Failing to provide maintenance and inspections records of the storage and transfer facilities to DEQ upon request; or (b) Failing, by a vessel owner or operator, to make maintenance and inspection records, and oil transfer procedures available to DEQ upon request.