OAR 340-012-0082: Contingency Planning Classification of Violations

(1) Class I: (a) Failing to immediately implement the oil spill prevention and emergency response contingency plan or other applicable contingency plan, after discovering a spill; (b) Operating an onshore or offshore facility without an approved or conditionally approved oil spill prevention and emergency response contingency plan; (c) Entering into the waters of the state, by a covered vessel without an approved or conditionally approved oil spill prevention and emergency response contingency plan or purchased coverage under an umbrella oil spill prevention and emergency response contingency plan; (d) Failing to implement prevention measures identified in the facility or covered vessel spill prevention plan that directly results in a spill; (e) Failing to maintain equipment, personnel and training at levels described in an approved or conditionally approved oil spill prevention and emergency response contingency plan; (f) Failing to establish and maintain financial assurance as required by statute, rule or order; or (g) Failing by the owner or operator of an oil terminal facility, or covered vessel, to take all appropriate measures to prevent spills or overfilling during transfer of petroleum or hazardous material products. (2) Class II: (a) Failing to submit an oil spill prevention and emergency response contingency plan to DEQ at least 90 calendar days before beginning operations in Oregon, by any onshore or offshore facility or covered vessel; (b) Failing to have available on site, a simplified field document summarizing key notification and action elements of a required vessel or facility contingency plan; (c) Failing, by a plan holder, to submit and implement required changes to a required vessel or facility contingency plan following conditional approval; (d) Failing, by a covered vessel or facility contingency plan holder, to submit the required vessel or facility contingency plan for re-approval at least ninety (90) days before the expiration date of the required vessel or facility contingency plan; (e) Failing to submit spill prevention strategies as required; or (f) Failing to obtain DEQ approval of the management or disposal of spilled oil or hazardous materials, or materials contaminated with oil or hazardous material, that are generated during spill response. (3) Class III: (a) Failing to provide maintenance and inspections records of the storage and transfer facilities to DEQ upon request; (b) Failing, by a vessel owner or operator, to make maintenance and inspection records and oil transfer procedures available to DEQ upon request; (c) Failing to have at least one copy of the required vessel or facility contingency plan in a central location accessible at any time by the incident commander or spill response manager; (d) Failing to have the covered vessel field document available to all appropriate personnel in a conspicuous and accessible location; (e) Failing to notify DEQ within 24 hours of any significant changes that could affect implementation of a required vessel or facility contingency plan; or (f) Failing to distribute amended page(s) of the plan changes to DEQ within thirty (30) calendar days of the amendment.